Order: No one appears for the Opposite Party in spite of service of notice. 2. This matter arises out of an application under Artic1e 227 of the Constitution against the Judgement and Order dated 14th Nov., 1990 passed by the Learned 2nd Bench of Railway Claims Tribunal, Calcutta in Claims Case No. T/2450/90 (S.C.C. Suit No. 5768 of (986) at the instance of the Union of India represented by the General Manager, Eastern Railway, Calcutta. 3. The Opposite Party-Plaintiff field a plaint on the 9th Nov., 1986, in the Small Causes Court, Calcutta numbered as 5768 of 1986 claiming compensation for late/short delivery/non-delivery of some consignments booked in November, 1983. The plaintiff-opposite party alleged inter alia. that he was the booked consignee and owner for valuable consideration of the consignments from Ajhi Sahabad & Raya Stations to Howrah. It was further alleged that there was short delivery of the consignment at the destination point. Proper notices were issued upon the Railways who failed and neglected to settle the claim and thereafter a suit was filed in the Small Causes Court, Calcutta. 4. According to the petitioner-defendant as there was no suit validly instituted before the S.C.C. Judge, Calcutta, therefore the transfer of the so-called suit was non-est in the eye of the law. The legislature provided for three options in selecting the forum for filing suits against the Railway Administration for compensation claim according to the choice and convenience of the litigants. The said mandatory provisions indicated in See. 80 of the Indian Railway Act 1890 excluded the operation of general provisions contained in Section 20 of the Code of Civil Procedure or under Section 19 of the Presidency Small Causes Court Act, 1882. Ultimately in a Full Bench Decision of this Court, reported in AIR 1987 Cal 311 (Union of India vs. Ratan Lall Adukia & Ors.) it has been held that "the forum (s) for t he suit mentioned in Section 80 of the Indian Railways Act, 1890 are to be determined solely by the provisions of the said Section of the Indian Railways Act, 1890 and Section 20 of the Civil Procedure Code 1908, and Section 18 of the Presidency Small Causes Courts Act, 1882 are no longer applicable to suits mentioned in Section 80 of the Indian Railways Act, 1890. The said Section 80 of the Indian Railways Act has exhaustively mentioned the Courts in which the suits for compensation against the Railways may be instituted. The decision has been affirmed by the Hon'ble Supreme Court in the case reported in AIR 1990 S.C. 105. 5. Text of Section 24 of the Railways Claims Tribunal Act, 1987 is very clear. The re1evants portion is quoted below:- "Section 24. Transfer of Pending Cases- (1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court, Claim Commissioner or other authority), immediately before the appointed day, being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, within the jurisdiction of the Claims Tribunal, shall stand transferred on that date to the Claims Tribunal." 6. It is clear from the above that unless there is a validly instituted suit immediately before the appointed day, there is no question of its being transferred to the Claims Tribunal. In the instant case, the suit did not lie within the territorial jurisdiction of the Calcutta Small Causes Court. Anjhi Sahabad and Raya Station from where the consignments were booked are stations lying in Moradabad Division of Northern Railways and Ijjatnagar division of North Eastern Railway and the destination station is Howrah of Eastern Railways which lies within the jurisdiction of Howrah Court. It is clear that Calcutta Small Causes Court lacked the territorial jurisdiction to entertain the suit. Accordingly I hold that the revisional application is allowed. The judgment and order passed by the Learned 2nd Bench of the Railway Tribunal on 14.11.1990 are set aside. The interim order passed earlier stands vacated. Application allowed; impugned order set aside.