The unsuccessful plaintiff before the lower Court, the Coimbatore District Central Co-operative Supply and Marketing Society Ltd., is the revision petitioner. The plaintiff-society was acting as Stockists for manure on commission on behalf of the State of Madras, the second respondent herein. On 27th August, 1963, the Assistant Director, Clearance, Madras, despatched to the plaintiffsociety certain quantity of Ammonium Sulphate. When the plaintiff-society wanted to take delivery of the goods at Coimbatore, the Station Master at Coimbatore demanded Rs. 1,041-30 nP. as being under charges, demurrage and other charges. The plaintiff-society paid it under protest and called upon the railway to refund the amount. As the claim was not met, the plaintiff-society instituted the suit impleading the Union of India, owning the Southern Railway as the first defendant and the State of Madras as the second defendant and prayed for a decree for Rs. 1,221-30 nP.

The first defendant, Union of India, contended that the consignment had not been charged correctly at the forwarding station, there being an undercharge of Rs. l,034-40 nP. that on discovery of some excess collection made subsequ