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Judgment
Shah, J.—The only point urged in these applications by way of objection to the decision of the lower appellate Court is that, in virtue of Order XXXV, Rule 5 of the Civil Procedure Code, it was not competent to the Railway Company to institute an interpleader suit as it was an agent of the consignors. No authority has been cited in support of the proposition that the Railway Company by accepting goods for carriage becomes an agent of the consignors within the meaning of this rule. We do not think that the provisions of the Indian Railways Act and the Indian Contract Act lend any colour to such a contention; on the contrary, they indicate that by accepting the goods the Company enters into an independent contract with the consignors for the carriage of the goods.
The result, therefore; is that the rules must be discharged with costs.