Judgement

Consolidated Appeals (No. 15 of 1937) from two decrees of the High Court (July 4, 1934), reversing in Civil Revision two decrees of the Subordinate Court of Dhanbad exercising Small Cause Court jurisdiction (June 29, 1933, and August 18, 1933, respectively).

These consolidated appeals, in which the same question arose, related to the construction of ss. 55 and 56 of the Indian Railways Act, 1890, and to the meaning to be given to the words "public auction" in sub-s.2 of s.55. In both cases the facts were similar, and the decision in the one admittedly governed the other. In each case, after consignments of coal had reached their destination, delivery of them was not taken, and the railway administration wrote to the consignors and/or to the consignees requesting them to take delivery of the consignments within 15 days on payment of the railway freight and other charges, failing which the consignments would be sold in accordance with the provisions of ss. 55 and 56 of the Railways Act, 1890. No action to take delivery having been taken by any of the parties concerned, the railway administration sold the consignments. In each of the actions the respective plaintiffs claimed