Judgment:

DAS GUPTA, J. : This appeal by special leave arises out of a complaint made by the appellant, the Upper Doab Sugar Mills Ltd., Shamli, to the Raliway Rates Tribunal. The complaint as originally made was against the station to station rates on sugarcane on the Shahdara (Delhi) - Saharanpur Light Railway imposed by the respondent the Railway Company, by their rates Circular No. 8 of 1953 with effect from October 1,1953. The complaint was that these rates had been and were unreasonable. The Railway Company in their answer to the complaint pointed out that the rates imposed by the rate Circular No. 8 of 1953 had long before the date of the complaint ceased to be in force and that subsequent to the decision of this Court in Shahdara (Delhi) Saharanour Light Rly. Co. Ltd. v. Upper Doab Sugar Mills Ltd., Civil Appeal No. 347 of 1957 (Reported in (1960) 2 SCR 926: a new rate had come into operation from February 10,1960, under Local Rate Advice No. 2A of 1960. After this the complainant prayed for amendment of his complaint by adding a complaint against this new Advice rate. The prayer was allowed. The complaint as it stands after the amendment made on February 3, 1961, is both ag