Judgement

SUBBA RAO, J. : These six appeals filed by special leave raise a common question, namely, whether the suits filed against the Western Railway for the refund of amounts collected from the appellant-firm as wharfage or demurrage would lie in a civil court.

2. Civil Appeals Nos. 152 and 153 of 1959 arise out of the suits filed for the recovery of the amounts collected from the appellant-firm by way of demurrage and the other appeals are filed for the recovery of amounts collected from the said firm by way of wharfage charges. It would be enough if we gave the particulars of the claim in one of the suits, for it was stated at the Bar that the claims for refund were similar in all the other suits. Excepting the plaint in Civil Suit No. 109 of 1957, the other plaints are not placed before us. We are, therefore, proceeding on the assumption that the relevant allegations in all the plaints are similar, particularly as the assertion of learned counsel for the appellants to the said effect was not questioned by learned counsel for the respondent.

3. Civil Suit No. 109 of 1957, was filed by the appellants in Civil Appeal No. 149 of 1959 for recovery of a sum of Rs. 295/- from the Union