9911796707
TMI Blog2000 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... terest at the rate of 6 per cent per annum. The decree was set aside by the first Addl. District Judge, Guntur, on the ground that all the ten box wagons through which bulk - rock phosphate fertiliser was transported from Vishakhapatnam Port to-Krishna Canal Railway Station had reached destination and thereafter shunted to the respondent's siding on May 5, 1971 at. 3.30 A.M. and during the course of unloading, which commenced at 6.30 A.M., only five wagons were unloaded by 9.00 A.M. within the free time available to the respondent, and since all the ten box wagons were not unloaded, the Railways were entitled to levy demurrage for all the 10 wagons under the Rules. The lower appellate Court had placed reliance upon the Goods Tariff Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... frame any issue on that question. The High Court of its own proceeded to consider the validity of the Rule and ultimately held that it was not in consonance with the relevant provisions of the Railways Act, 189O and consequently held that it. was ultra vires. This view is contrary to the settled law that a question, which did not form part, of the pleadings or in respect of which the parties were not at variance and which was not the subject matter of any issue, could not be decided by the Court. The scope of the suit was limited. The pleadings comprising of the averments set out in the plaint and the defence put up by the present appellant in their written statement did not relate to the validity of the Rule struck down by the High Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argued that it is only in accordance with the above rule the defendant collected demurrage charges on all the 10 wagons even though five wagons were unloaded within the free time. According to the plaintiff the above rule is not applicable to private siding. As stated supra, the plaintiff has a private siding at Krishna Canal Railway Station. The wagons were unloaded at the private siding of the plaintiff. In the table given in Rule 48 referred to above a separate heading was given as 'In private sidings'. It is specified therein that in respect of the loaded vehicles waiting to be discharged in private siding the time allowed free is 5 working hours from the time at which is the vehicles are shunted within the limits of such siding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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