JUDGMENT

Rankin, C.J. - In this case, the plaintiffs sued the Secretary of State for India in Council in respect of two consignments of jute which they delivered to the railway at Poradah station for carriage to Cossipore Road station, both these stations being outside the ordinary original civil jurisdiction of this Court. It was found, according to the plaint, that the jute had been damaged by fire on 21st March 1927 and the plaintiffs sued for a sum of Rs. 11,000 putting their case as of damages, first of all, for the railway's failure to deliver the jute and, secondly, for the misconduct of the railway in not taking reasonable care of it. The defendant, the Secretary of State for India in Council, having been served with the writ of summons took out a summons dated 9th April 1930 requiring the plaintiffs to attend before the Judge for an order that the " leave granted under Clause 12, Letters Patent, to file the plaint in the above suit in this Hon'ble Court be revoked and that the plaint be taken off the file."

2. Now, it appears that this application was put upon two grounds. First of all,, it was said that the Court had no jurisdiction to entertain the suit because the Secreta