Supreme Court · 1976 INSC 202 · Decided 30 August 1976
State of Kerala v. General Manager, Southern Railway, Madras
- Court
- Supreme Court of India
- Citation
- 1976 INSC 202 · [1977] 1 S.C.R. 419
- Case number
- CIVIL APPEAL No. 1367/1968
- Decided
- 30 August 1976
- Bench
- HANS RAJ KHANNA, N.L. UNTWALIA, JASWANT SINGH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80; Constitution Article 131, 131(a); Contract Act Section 74
Headnote
Code of Cil'i/ Procedure, Ss. 79 a11d 80, suit for compensation agains/ railiray administration, whether impleading Union of India as a party necessary. The 111dia11 Railways Act, 1890, S. 3(6), Railway Administration, whether ·a separate legal e11tity. The appellant booked rice for being railway station. On delivery, the rice was found to be damaged and short in quantity. The appellant claimed damages from the rei;pondent, who resisted the claim on the grounds that the suit was not main­ tainable as the Union of India had not been impleaded as a defendant, and that a
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