SECRETARY OF STATE Vs. NANDLAL

JUDGEMENT

(1.) ON the 25th March 1925 the first plaintiff, who opposes this application for revision, consigned a quantitity of charcoal at the Byaora station on the Great Indian Peninsula Railway for conveyance to Byculla on the same railway. The Station Master informed him that the charcoal could be sent at what is called the "Q rate", which in this case is a wagon-rate and worked out at Rs. 126. That is a reduced rate and goods sent under it are carried at owner's risk. As a matter of fact, however, charcoal had not been allowed to be booked at that station at the wagon-rate since 1923; it could be sent only at the first class rate or maund-rate, which entailed its going at railway risk.

(2.) ON arrival at Byculla the charcoal was weighed and the freight was re-calculated at the maund-rate, with the result that the proper charge was found to be Rupees 305-7-0 in excess of the Es 126 paid at Byaora. This the plaintiff paid after some delay, which resulted in a further charge of Rs. 11 for demurrage. He then filed the suit out of which these proceedings have arisen in the Small Cause Court claiming a refund of the Rs. 316-7-0 he had paid with interest. He was given a decree for the Rs. 370 he claimed and the defendant Company has applied for revision of the judgment.

(3.) THE contract between the parties is embodied in two documents which are on the file, one executed by each of them. The first is a consignment note signed by the sender. In it he requests the Company to receive the goods specified by him and to send them to a certain station. At the bottom of the document these words are printed: N.B. - The attention of the Sender or the Deliverer of the goods is invited to the principal terms and conditions applying to the carriage of goods by Railway, as set forth in the public notice printed on the back of the Railway Receipt.