Judgment

BHAGWATI, J. :- The only question arising in this appeal by special leave is whether the claim of the respondent for refund of the amount of wharfage, demurrage and transit charges paid to the appellant was barred by S. 110 of the Madras Port Trust Act (II of 1905). The appellant lost in the High Court and a decree for Rs. 4,838.87 p. was passed against the appellant. The appellant applied to this Court for special leave and by an order dated 7th March, 1969 this Court granted special leave on the appellant agreeing to pay the amount of the refund irrespective of the result of the appeal and also to pay the costs of the appeal in any event. That is how the appeal has now come up before us for final hearing.

2. We do not think that this is a fit case where we should proceed to determine whether the claim of the respondent was barred by S. 110 of the Madras Port Trust Act (II of 1905). The plea of limitation based on this section is one which the court always looks upon with disfavour and it is unfortunate that a public authority like the Port Trust should, in all morality and justice, take up such a plea to defeat a just claim of the citizen. It is high time that governments