RIVER STEAM NAVIGATION CO. LTD. AND ANR. Vs. SHYAM SUNDAR TEA CO. LTD.

JUDGEMENT

(1.) THIS is a petition by defendants for leave to appeal to the Supreme Court from the judgment and decree of this Court dated 15 -6 -1954 mainly under Article 133(1)(c) of the Constitution of India.

(2.) THE facts of the case need not be stated here. They have been set forth at great length in the judgments of this Court. The main point in controversy in the case was, whether the defendants were operating as common carriers between Dillibari Ghat and Desangmukh, From Desangmukh downwards they were admittedly common carriers. Desangmukh was one of their advertised termini.

(3.) THERE is considerable force in this argument A perusal of the two judgments alone would indicate that the main question was not found to be an easy one. It could not be regarded as a pure question of fact. It had some legal facets. There was no direct authority covering the facts of this case. The question also has undoubtedly great public and private importance. The decision in the case determines the status of the defendants qua their constituents.