( 1 ) WHAT is the effect of Section 80 of Indian Railways Act (to be called the act) as amended by Parliament Act 39 of 1961 viz-a-viz Section 20 of Civil Procedure Code is the question for decision by us. This is an appeal against the order of Sub- Judge 1st Class dated 11-7-1978 by which he directed the return of the plaint on the ground that Delhi Courts have no jurisdiction. The matter originally came up for hearing before S. S. Chadha, J. who doubted the correctness of the view expressed by Prakash Narain, J. (as his lordship then was) when disposing of preliminary objection in Suit No. 961971 decided on 8-2-72 and REFERRED TO the matter to a larger bench. That is how the matter has come up before us.

( 2 ) THE plaintiff delivered the consignment of 6 cases of machinery at Cernac Bridge on the Western Railways, Administration. The destination station was Kiratpur Saheb (in the Northern Railway Administration) which is outside the jurisdiction of Delhi Courts. Instead of six cases which were boomed 5 cases were received, It is not disputed that the loss did not occur at Delhi. That is why when the suit was filed the Railways took the preliminary objection that Delhi court