B.N.Rai, J.

1. This application under Sec.25 of the Provincial Small Cause Courts Act by the Union of India is directed against the judgment dated 31-1-1957, passed by the Subordinate Judge, Dhanbad, exercising Small Cause Court powers.

2. The relevant facts for understanding the point raised on behalf of the petitioner may shortly be stated as follows. On 13-5-1954, the North-West Coal Company, Limited (hereinafter called the Coal Company), booked a consignment of steam coal from Pathardih Railway station to Mandwar Mahua Road Railway Station to be delivered to the Jaipur Oil and General Mills (hereinafter called the Oil Mills), who were mentioned in the railway receipt as consignee. The consignment did not reach the destination. The Oil Mills thereafter laid a claim on 20-10-1954, before the Chief Commercial Superintendent, Eastern Railway, for a sum of Rs. 412 representing the price etc. of the coal booked for delivery to them. On 3-11-1954, the Coal Company put in their claim to the General Managers, the Eastern, the Northern, and the Western Railway for an amount of Rs. 355-6-0. On 22-11-1954, the Railway Company sent a letter to the Coal Company requesting them to sen