Das, J. - (1.) THIS is an appeal by the Defendants in a suit for recovery of certain sums of money which the Plaintiffs allege to have paid to the Defendants under protest.
(2.) THE Plaintiffs' case is that they consigned certain goods from Karachi Bundar, a station on the North -Western Railway to Howrah, a station on the East Indian Railway. At the place of destination the railway company overcharged the Plaintiffs with certain freights which are not legally payable. The Plaintiffs accordingly claim the sum so overpaid with interest at 12 per cent. per annum. The claim was laid at Rs. 4,253 -6, viz., Rs. 3,535 -14 as the excess freight realised and Rs. 420 as interest at 12 per cent. per annum, and Rs. 307 -10 on account of certain other items. The defence of the railway administration is that there was no excess payment and that due to a mistake on the part of the booking clerk at Karachi Bundar the freight was calculated wrongly over a portion of the journey from Karachi Bundar to Gaziabad.
(3.) BOTH the courts below have decreed the Plaintiffs' suit in part. The Defendants have preferred this appeal.;