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The Union Of India vs C.R. Prabhanna & Sons on 14 February, 1977 cites

The South India Corporation(P) Ltd vs The Secretary, Board Of ... on 13 August, 1963

6. Section 80 of the Railways Act enacts a complete Code regarding the courts before whom suits referred to therein can be filed. Special provisions enacted in S. 80 exclude the operation of the general provisions of S. 20 of the Civil P. C. It is well known that special provision; exclude the operation of general provisions. [See South India Corporation (P.) Ltd. v. Secretary, Board of Revenue, Trivandrum, and Delhi Administration v. Ram Singh. ]. The object of specifying the courts having jurisdiction to try suits under S. 80 is also clear. The Parliament apparently did not wish that any court in India merely because the Railway Receipt was negotiated within its jurisdiction should have jurisdiction to try a suit falling under S. 80 against the Railway as it would cause a good deal of inconvenience to the railway administration to defend suits at courts far removed from the booking station, place of destination and the place where the loss of goods had occurred, when they were not concerned with the negotiation of the railway receipt. It cannot also be said that the Union of India either resides or carries on business or works for gain in every part of India wherever a railway station is situated. The suits against the Union of India under S 80 have to be filed only in the courts specified therein. I am, therefore, of the view that S. 20 of the C. P. C. has to be read as not being applicable to suits falling under S. 80 of the Railways Act after Act 39 of 1961 came into force. Since it is not disputed that the trial court is not one of the courts referred to in S. 80 of the Railways Act, the trial court had no jurisdiction to try the suit. The decrees passed by the courts below are, therefore, set aside. The trial court is directed to return the plaintiffs for presentation to proper court.
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