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Judgment
Hon''ble Abhinava Upadhya, J.—By means of this writ petition the petitioners have challenged the order of the appellate court passed in Civil Appeal No. 37 of 2010. The said appeal was filed against the judgment and decree dated 17.4.2010 passed by the Civil Judge (Junior Division), Jhansi in Original Suit No. 92 of 2008.
The petitioners, who are the Union of India, have filed this writ petition against the aforesaid appeal on the ground that in view of Section 102 of the CPC, second appeal would not be maintainable as the suit amount is less than Rs. 5,000/-.
A suit for recovery of Rs. 16,000/- nd odd was filed by the plaintiff. The ground was that at the time of taking possession of certain consignment the respondent did not have the relevant Railway receipt and, therefore, deposited the security towards the value of consignment and lifted the consignment on 13.5.2005.
Learned counsel for the petitioners submits that for the refund of the aforesaid amount the prescribed period is ten days. However, the respondent applied for refund after more than one year and the same was refused by the Railways on account of Circular said to have been issued by the Chief Manager Commercial of North Central Railway. The said Circular is said to have been issued under paragraph 961 of the Indian Railways Commercial Manual, Volume-1.
According to the learned counsel for the petitioners, all the commercial transactions of the Railways are held under this Manual. It is further submitted that the Manual has statutory force and, therefore, no order could be passed by the court below against the law.
Issue notice to the sole respondent returnable at an early date.
The respondent may file counter affidavit within three weeks.
The petitioners shall take steps for service of notice upon the respondent within a week.
List after service of notice.
Till the next date of listing the operation of the impugned order dated 31.5.2011 passed in Civil Appeal No. 37 of 2010 by the Additional District Judge, Jhansi, shall remain stayed.