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1987 Supreme(Cal) 195

CHITTATOSH MUKHERJEE, A.K.SENGUPTA, SUSANTA CHATTERJI
UNION OF INDIA – Appellant
Versus
RATAN LALL – Respondent


Advocates Appeared:
A.B.CHATTERJEE, A.K.Sarkar, A.TALUKDAR, B.N.DUTT, D.GUPTA, GOLAM NABI, H.SEN, K.D.KANJILAL, R.N.DAS MOHAPATRA, S.PAL CHAUDHARY, SIBKUMAR MAJUMDAR, SYED ATAUNNABAI, TARUN CHATTEJEE

MOOKERJEE, C. J.

( 1 ) BY an order dated 18th May, 1983, the Hon'ble Mr. Justice Anil Kumar Sen and the Hon'ble Mr. Justice S. N. Sanyal, JJ. (as their Lordships then were) referred to the Full Bench a group of Revisional Applications under S. 115 of the Code of Civil Procedure, 1908; for resolving the conflict in judicial views on the question whether or not the forum for a suit contemplated by the present S. 80 of the Indian Railways Act, 1890 (Which, with effect from 1st January, 1962, was substituted by Indian Railways (Amendment) Act 1961) should be determined in terms of the said Section and whether S. 20 of the Civil Procedure Code, 1908 should be deemed to be no longer applicable to such suits under S. 80 of the Indian Railways Act, 1890. The learned referring Judges had pointed out that the two decisions of this Court respectively in the cases of Oghadmal Choudhury v. Union of India, 1974 0 Callj 420 and in the unreported case of Jagannath Chetram v. Union of India disposed of on April 18, 1979. had taken the view that S. 20 of the Code shall have no application for determination of the forum of a suit contemplated by S. 80 of the Indian Railways Act. But another Division































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