RAICHAND AMULAKH SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants suit to recover Rs. 230.00 from the Union of India as owning and representing the Western Railway on the ground that the amount was wrongfully recovered from the plaintiffs as wharfage and demurrage charges was dismissed by the trial Court on the ground that the suit was barred under the provisions of sec. 26 read with sec. 3(14) and section 32 of the Indian Railways Act. This view is now challenged in revision.

(2.) The relevant provisions of the Indian Railways Act read as follows:

(3.) Section 32 of the Indian Railways Act has been repealed by the Indian Railways (Amendment) Act 1957 (58 of 1957). But the section as it stood before it was repealed read as follows :