Union of India and 3 others vs New Kerala Engineering Works by Proprietor, P.M. Sukumaran and another

Varadarajan, J.—The consignment in this case was booked at Ernakulam which is in the Southern Railway which has its headquarters at

Madras. The suit has been filed at Madras. The lower court has found on the basis of S.20, C.P.C., that the court at Madras has jurisdiction as the

General Manager''s Office is situate at Madras. Learned counsel for the petitioner invites my attention to S.80 of the Indian Railways Act and says

that the suit should have been filed at Ernakulam and could not be filed at Madras. There is no reference to S.20, C.P.C., in S.80 of the Indian

Railways Act. Therefore, in my opinion there is no bar to the respondent-plaintiff to file the suit at Madras where the General Manager''s office is

situate in respect of damages for goods booked at Ernakulam. The petition is therefore, dismissed.