GOVIND RAM Vs. GIPRAILWAY

JUDGEMENT

(1.) This application for revision must fail. The plaintiff consigned certain goods at the Keratpur Railway Station, which is outside the limits of United Provinces of Agra and Oudb, for despatch to Muttra. He was charged at special famine rates which applied to consignments booked at stations within the limits of the United Provinces. The Keratpur station being outside the United Provinces, the plaintiff could not be charged at special famine rates. When the goods arrived at Muttra station, the defendant Company claimed the difference between the ordinary rates.

(2.) The plaintiff thereupon brought the present suit for damages. In my opinion the suit has been rightly dismissed. The contract made with the plaintiff was by a person who had no authority on behalf of the defendant Company to enter into a special contract, viz., a contract to carry goods at concession rates sanctioned by the Government. Those rates did not apply to places outside the limits of the United Provinces. The Station Master of Keratpur acted beyond the scope of his ordinary authority as the defendant s agent and, therefore, the defendant Company is not liable for breach of the contract entered into by the agent.

(3.) The application is dismissed with costs.