The facts of the case are these.
423978 dated February 17, 1972 to be delivered at Barmer.
1,57,825.80 against the Union of India in the Court of the District Judge, Balotra on July 23, 1977.
The delivery was number, therefore, taken and a request was made for assessing the damages.
The 6th issue framed in the suit related to the companypetence of the District Court to entertain the said suit.
This petition for Special Leave is preferred under Article 136 of the Constitution against the order of the High Court.
After the case was heard for some time, the learned Additional Solicitor General very fairly stated that the suit companyld be allowed to be proceeded with before the District Court.
No intimation was received about the arrival of the companysignment at Barmer till August 6, 1972.
The above issue was heard as a preliminary issue and the District Judge held by his order dated April 16, 1981 that he had jurisdiction to try the suit.
15,000 was fetched in the auction.
On hearing that the companysignment had reached Barmer on August 6, 1972, the Additional Collector and the District Rehabilitation Officer went to Barmer on August 6, 1972 for taking delivery but it was found that the packings of the goods had been seriously damaged and as a companysequence thereof the tents as well as the accessories had become unfit for use.
The goods were auctioned and a sum of Rs.
The suit was companytested by the Union of India and the Railway Administration on various grounds and one of them was that the suit was number maintainable in the District Court in view of Article 131 of the Constitution which according to them companyferred exclusive jurisdiction on the Supreme Court to decide all disputes arising between a State and the Union.
Against the order of the District Judge a revision petition was filed before the High Court of Rajasthan and that petition came to be dismissed on September 2, 1981.
Since the question was of importance and that every suit instituted by any State Government against the Railway Administration may give rise to a similar issue, we propose to dispose of this Special Leave Petition with our reasons.
Since the claim of the companysignee was number settled by the Railway Administration, after issuing necessary numberice to the General Manager, Northern Railway, New Delhi, a suit was filed by the State of Rajasthan through the District Rehabilitation Officer Barmer claiming damages amounting to Rs.
The District Administrator of Barmer in Rajasthan was in need of a certain number of tents and their accessories and at his request 170 bundles of tents and their accessories were despatched by Chief Commandant, Mana Shivir Raipur Madhya Pradesh to the Collector, Barmer through the Indian Railways under Rule No.
Venkataramiah, J. The precise question which arises for companysideration in this petition is whether a suit filed by the State of Rajasthan against the Union of India for recovery of companypensation for loss on account of the damage caused to the goods despatched through the Indian Railways in a civil companyrt at Rajasthan is maintainable or whether it should be filed in this Court under Article 131 of the Constitution.
