MFA 231/2010 BEFORE HON’BLE JUSTICE MR HN SARMA Heard Mrs. U. Chakraborty, learned counsel for the appellant. This appeal is directed against the judgment and order dated 31.7.09 passed in the O.A. No. 21/2005 by the Railway Claims Tribunal, Guwahati thereby allowing the claim of the applicant/respondent. The sole ground in this appeal is that the Railway Claims Tribunal, Guwahati ha s no territorial jurisdiction to try the claim. The grievance agitated by the learned counsel relates to territorial jurisdictio n of the Railway Claims Tribunal, Guwahati and such issues relating to territor ial jurisdiction had to be raised at the earliest on or before settlement of the issues. No interference on the ground of want of territorial jurisdiction is pe rmissible unless there is failure of justice to decide the case by the Railway C laims Tribunal, Guwahati under the spirit of S. 21 of the CPC. The petitioner contested the proceeding before the Railway Claims Tribunal, Guwa hati by filing written statement. The learned Tribunal deciding the issue no. 1 has held that the applicant paid t he freight charge at Golaghat town for the coal consignment at Chaneti and the R ailway Claims Tribunal, Guwahati is not entitle to try the case. That apart the cause of action did not arose within the Goalpara town and no failure of justice for deciding the case by the Railway Claims Tribunal, Guwahati could be pointed out before me. Consequently, I do not find any merit in this appeal and it stands rejected.