Railway overcharge refund claims must comply with the six-month written notice limit; Limitation Act discovery rule does not apply.

A claim for refund of railway overcharge was held to depend on Section 78-B of the Indian Railways Act, 1890, which required a written claim within six months from delivery of the goods. The discovery of mistake rule under the Limitation Act was inapplicable because it governs civil proceedings, while the Railway Claims Tribunal is a statutory tribunal and not a civil court for that purpose. As the written claim was lodged beyond the six-month period, the statutory bar operated against the claim and the proviso did not assist the claimant. The refund relief was therefore not sustainable.

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Issues: Whether a claim for refund of railway overcharge was saved by the discovery of mistake rule under the Limitation Act, and whether the written claim made beyond six months was barred by Section 78-B of the Indian Railways Act, 1890.

Analysis: The Limitation Act provision invoked applies to civil proceedings, whereas the Railway Claims Tribunal functions as a statutory tribunal and is not a civil court for that purpose. The governing provision was Section 78-B of the Indian Railways Act, 1890, which required a written claim for refund of overcharge or excess payment within six months from delivery of the goods. Since the claim was admittedly lodged beyond that period, the statutory bar operated on the claim itself, and the proviso did not assist the claimant.

Conclusion: The claim for refund was barred by limitation, and the relief sought was not sustainable.

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