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1954 Supreme(Mad) 432

P.V.RAJAMANNAR, RAJAGOPALA AYYANGAR
Azizuddin and Company by Managing Partner P. M. Azizuddin – Appellant
Versus
The Union of India (Central Government) owning the South Indian Railway represented by the General Manager, Tiruchirapalli Junction – Respondent


Advocates:
N. Appa Rao for Petitioner.
S.S. Ramachandra Aiyar for Respondent.

Rajamannar, C.J.-These four revision petitions arise out of four suits instituted in the Court of Small Causes, Tiruchirapalli, against the Union of India (Central Government) owning the South Indian Railway, represented by the General Manager, Tiruchirapalli, for recovery of damages for non-delivery of goods consigned by the plaintiff from Nellikuppam to different places outside the State of Madras, In the plaints the cause of action is stated to have arisen at Nellikuppam on the dates of despatch and on the dates when the goods ought to have been delivered and and on subsequent dates of claim and suit notices to the defendant. The plaintiff further stated that the defendant was liable to be sued at Tiruchirapalli, as he was residing and carrying on his usual course of business, having his offices at Tiruchirapalli on behalf of the Central Government. Objection was raised to the territorial jurisdiction of the Court to entertain the suits.

Nellikuppam is not within the jurisdiction of the Small Causes Court at Tiruchirapalli. The jurisdiction of the Tiruchirapalli Court was sought to be sustained, therefore, on two grounds, namely, (1) that the defendant carried on business at Tiru





































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