UNION OF INDIA Vs. MANSUKHLAL JETHALAL

JUDGEMENT

(1.) THIS revision petition is filed by the original defendant - Union of India - against the order passed by the learned Civil Judge, Junior Division, Dhrangadhra, in Civil Suit No. 63 of 1971, filed by the plaintiff - opponent against the petitioner for refund of an amount of Rs. 2,107.30 paise. The learned trial Judge decided issues Nos: 4 and 5 as preliminary issues and they have been decided against the petitioner. Those issues read as under:

(2.) THE material averments made in the plaint are, that the plaintiff booked salt from Kuda Salt Siding Station, on the line of Western Railway Administration, owned and represented by the Union of India (original defendant), to salt merchants at Dhrangadhra and at various other stations. That the said salt consignments are booked in wagon loads from Kuda Salt Siding Station. In para 12, it is averred that since 1 -6 -1961, the Western Railway Administration, in addition to charging usual freight on goods traffic from and to Kuda Salt Siding Station, wrongly, illegally, arbitrarily and unreasonably levied an additional new charge by way of siding charges or shunting charges or placement of wagon charges or removal of wagon charges. In paras 13 to 18, reference is made regarding the increases made in those charges from time to time and such collections made. In para 26, it is averred that the defendant -Western Railway Administration charged freight on the wagon load salt consignment of the plaintiff from Kuda Salt Siding Station to destination and the said freight includes terminal charges for shunting, placement and removal of wagons at the place where the salt, to be loaded, is stacked and hence the defendant -Western Railway Administration, in addition to freight, is not entitled to levy new charge with effect from 1 -6 -61 either as siding charges or as shunting charges or as placement charges or as removal charges or under the pretext of any other charge and the levy of the said new charge from the plaintiff with effect from 1 -6 -61 is wrong, illegal, arbitrary, unauthorised and unreasonable and excessive and the plaintiff is entitled to the refund of this new charge paid by him to the defendant -Western Railway Administration. This also amounts to double taxation. In para 28 of the plaint, plaintiff actually refers to the total amount recovered in that manner. In the relief clause 33, prayer made is to recover the suit amount which includes the amount paid by way of new charges as said earlier, and the notice charges, and it is in terms stated that it is a claim for refund of new charges by way of siding charges, shunting charges, placement charges received by the defendant -Western Railway Administration from the plaintiff.

(3.) BOTH the contentions raised by the defendant -petitioner have been negatived by the trial Court.