A KRISHNAIYYA Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This civil revision petition has arisen out of an order passed by the Full Bench of the Presidency Court of Small Causes on a new trial application filed by the railway administration against a decree passed by the learned Registrar of the Court of Small Causes, Madras, in the sum of Re. 0-2-6 against the railway administration and in favour of the petitioner in this Court.

(2.) The petitioner is the holder of a season ticket to travel between Pointed and Madras. At the time he was possessed of this ticket, he was employed as an arbitrator under the Town Planing Act and he had to go to Madras in connection with his official duties. On a particular day, it is stated that the petitioner was obliged to travel in a class lower than the class for which he held the season ticket. It may be noted that his season ticket was for enabling him to travel by the second class but on the day in question he actually travelled by third class because in the train by which he was obliged to travel there was no second class accommodation. Thereupon he gave notice to the railway administration and not being satisfied with the response from the said administration, he filed the suit and obtained a decree for Re. 0-2-6 from the Registrar of the Small Causes Court, Madras.

(3.) The railway administration not being satisfied with this decree took the matter by way of a new trial application before a Full Bench of the Court of Small Causes, The Full Bench in a well considered order set aside the decree of the learned Registrar. Consequently the plaintiff has preferred this civil revision petition.