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