JUDGMENT :- These second appeals arise out of a suit instituted by the trustees of the Port Trust, Madras, for recovery of a sum of Rs. 3,360 which they had to pay their workman, one Danapal, under the Workmen's Compensation Act of 1923. Second Appeal No. 1005 of 1962 has been preferred by the plaintiff, the Port Trust, against the decree of the Additional Judge, City Civil Court, Madras, dismissing the suit on the ground that the Civil Court had no jurisdiction in the matter. The Court of first instance held the other way and, finding on other issues also in favour of the plaintiff, decreed the suit as prayed for. Second Appeal No. 1550 of 1962 has been preferred by the defendant for costs disallowed on appeal.

2. The case raises certain interesting questions and I shall first set out the relevant and material facts as they have emerged finally for consideration in the second appeal. The injured workman, Danapal, formed part of the shore labour force at Madras Harbour of the Port Trust and, when on duty on 11th June 1955, at South Quay I in the harbour, he sustained injuries from a cart belonging to the defendant heavily loaded with iron-mesh. As a result of the injury, the workman

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