Section 80 of the Railways Act does not override the provision of Section 20 of the Code of Civil Procedure.

Dutta, J.

The plaintiffs, who are the appellants before us, feel aggrieved by order No. 13 dated December 19, 1978 of the Subordinate Judge, Sixth Court, Alipore whereby he came to the finding that he had on territorial jurisdiction to try the suit and, accordingly directed the return of the plaint for presentation to the proper court.

2. The plaintiffs instituted the said suit for the recovery of a sum of Rs. 28863/- on account of compensation for short delivery of goods. The case of the plaintiffs was that the a consignment of 423 pcs. of M.S. Black Plain Sheets was booked at Burnpur by the Indian Iron and Steel Company Limited for carriage by the railway to Chinakuri. The plaintiff No. 1 was the owner and the endorsed consignee for valuable consideration in respect of the consignment. At the destination station the consignment was delivered with a shortage of 413 pcs. of the above Sheets and, accordingly, the plaintiff No. 1 suffered a loss to the extent of Rs. 28863/- and odd due to total negligence on the part of the railway administration. The consignment was covered by the policy of insurance issued by the plaintiff No. 2. The plaintiff No. 1 preferred the claim on the plaintiff No. 2 and the latter had paid the claim to the respondent No. 1 in consequence whereof and on the basis of the letter of subrogation, the plaintiff No. 2 became entitled to recover compensation from the defendant for the loss caused as aforesaid.

3. In paragraph 14 of the plaint, it has been alleged that the cause-of-action for the suit arose at the delivery station but since the head office of the South Eastern Railway is at Garden Reach, Calcutta, within the jurisdiction of the court of the Subordinate Judge, the suit was filed in that court.

4. The defendant, Union of India representing the South Eastern Railway raised in its written Statement a preliminary objection to the territorial jurisdiction of the court of the Subordinate Judge to try the suit and, accordingly, the learned Subordinate Judge framed an issue being issue No. 1 relating to the question of territorial jurisdiction. The learned Subordinate Judge came to the finding that in view of Sec. 80 of Indian Railways Act, he had no territorial jurisdiction to try the suit. In that view of the matter, he passed the impugned order directing return of the plaint for presentation to the proper court. Hence this appeal.

5. The only question that is involved in this appeal is whether the court below has territorial jurisdiction to entertain and hear the suit. Sec. 80 of the Indian Railway Act, as amended, provides as follows :-

"80 Suits for Compensation. A suit for compensation for loss of life of, or personal injury to, a passenger or for loss, destruction, damage, deterioration or non-delivery of animals or goods may be instituted: (a) if the passenger was or the animals or goods were booked from one, station to another on the railway of the same railway administration, against that railway administration, (b) if the passenger was, or the animals or goods were booked through over the railway of two or more railway administrations, against the railway administrations, from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as the case may be or against the railway administration on whose railway the destination station lies or the loss, injury, destruction, damage or deterioration occurred; and, in either case, the suit may be instituted in a court having jurisdiction over the place his ticket or the animals or goods were delivered for carriage, as the case may be, or over the place in which the destination station lies, or the loss, injury, destruction, damage or deterioration occurred".

6. Under Sec. 80 a suit for compensation can be instituted inter alia in a court having jurisdiction over the place at which the goods were delivered for carriage or in the court having jurisdiction over the place in which the des