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1949 Supreme(Cal) 209

HARRIES, BANERJEE
Dominion of India – Appellant
Versus
R. C. K. C. Nath and Co. , Khulna – Respondent


Advocates:
Bhabesh Narayan Bose - for Petitioner.
Manindra Nath Ghose and Sachindra Chandra Dass Gupta - for Opposite Party.

Judgement

BANERJEE, J. :- This is an application on behalf of the defendant Dominion of India asking for a revision, under S. 115, Civil P.C., of an order made by the learned First Munsiff at Sealdah. By that order, he held that the Sealdah Court had territorial jurisdiction to try the suit.

2. The facts of the case are very simple and may be shortly stated. The plaintiff sued the Governor-General of India in Council for damages for short delivery of goods which, he alleges, he entrusted to the Railway Administration for carriage from Aligarh (U.P.) to Khulna Railway station, which is now within the Dominion of Pakistan.

3. After due notice under S. 80, Civil P.C. the plaintiff filed the suit on 7th December 1945, in the Munsiffs Court at Khulna.

4. On 15th August 1947, two Dominions were set up in what previously was British India. One was the Dominion of India and the other the Dominion of Pakistan. There is a Governor General for the Dominion of India and there is a Governor General for the Dominion of Pakistan.

5. After that date, the plaintiff amended his plaint by substituting the two Governor-Generals in place and stead of then defendant the Governor. General of India in Council.































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