JUDGMENT
S.N. Mishra, J.
1. Having regard to the order that I propose to pass in this case, it is not necessary to go into the details of facts of the case suffice it to say that the appellant, namely, Riga Sugar Co. Ltd. has filed its claim against the Eastern Railway administration on the ground that out of 120 bales 76 bales delivered to the appellant were not in a fit condition for sugar bagging. Similarly, out of 45 bales, 12 were delivered in were and damaged condition. Besides, it is said that 208 bales of ‘A’ Twill gunny bags were lying in a damaged condition, 88 lying at Riga Rly. Station and 120 in their godown. In sum and substance, the appellant filed its claim for recovery of Rs. 1, 67, 175/-with interest thereon being the price of gunny bags found damaged allegedly due to negligence on the part of the respondents, for which an application under Section 73 of the Indian Railways Act, 1890 has been filed, as stated above. It appears that the claim of the appellant has been rejected mainly on two grounds, firstly, that the Union of India has not been impleaded as a party to the case and, secondly on the ground of limitation. Thereafter, the appellant has filed the instant miscellaneous appeal and by order, dated 13.8.91, the Union of India was made a party respondent in this appeal pursuant to which Mr. Ojha, who generally appears on behalf of the Union of India, has been requested by this Court to assist in the matter, who appears on behalf of the Union of India and raises a preliminary objection on the basis of the decision of the Supreme Court . The question of impleading the parties can be entertained only before the original court and not before the appellate court. It is, therefore, desirable that the claim of the appellant be decided on merit. Without going into the merit of the case, I remit the case back to the Railway Claims Tribunal, Patna, with a direction to decide the claim of the applicant in accordance with law within three months from the date of receipt/production of a copy of this order. This miscellaneous appeal is, accordingly, disposed of.