Jagadisan, J.

This is an appeal by the Union of India represented by the General Manager, Southern Railway, Madras, against the judgment and decree in O.S. No. 10 of 1956 on the file of the Court of the Subordinate Judge of Tiruchirappalli whereby the Union of India, the defendant in the suit, was directed to pay the plaintiff the sum of Rs. 11, 115 with interest thereon at 6 per cent from 18 January, 1954, the date of the plaint together with costs amounting to Rs. 1, 799-4-0.

R. Akbar Sheriff, the plaintiff in the suit, presented the plaint on 18 January 1954 on the Original Side of this Court and it was transferred to the City Civil Court, Madras, on 22 July, 1955 for trial. Before the City Civil Court, the Union of India, the defendant in the suit, raised a preliminary issue that that Court had no jurisdiction to try the suit. By order, dated 12 October, 1955, the City Civil Court held that it had no jurisdiction and returned the plaint for presentation to the proper court. The plaintiff received the plaint by registered post on 8 December 1955 at Mathurai and re-presented the plaint on 12 December 1955, before the Sub-Court of Tiruchirappalli.

The plaintiff was employ