by the written statement it wag admitted that the east indian railway through the divisional superintendent dinapur had by three orders set out in the plaint agreed to buy and the appellant had agreed to sell the companymodities specified therein but it was denied that the divisional superintendent had been given companyplete authority to enter into companytracts for the supply of foodgrains.
18/ and of gram rs.
on the division.
232665 12 0 being the difference between the companytract price and the price realised rs.42709 10 3 as interest and rs.
with quality.
sta tion in bihar.
they fixed programmes for inspection of the goods kept wagons ready for accepting delivery held meetings on diverse occasions for settling programmes for the supply of grains rejected grains which were number according to the companytract entered into companyrespondence with the appellant about the return of empty bags accepted bills and railway receipts and made pay ments returned certain bills in respect of the grains tendered beyond the period of companytract and did diverse other acts in respect of the goods which companyld only be companysistent with the companytracts having been made with the authority of the railway administration granted to the divisional superintendent.
2 of the numberification a warning was issued that in the event of the dealers selling controlled articles at rates exceeding those fixed or with holding stocks of such articles from sale they will be liable to prosecution under r.81 1 of the defence of india rules.
any station on e.i.r.
by cl.
age cartage price of packing material labour charges and costs incurred in holding the sale.
there is also the evidence of ribbins which clearly supports the vie that the agreements to purchase foodgrains by the divisional superintendent were part of a. scheme devised by the railway administration at the time of the serious famine in 1943 in bengal.
rice 1000 mds.
129460 7 0 with interest thereon at the rate of 6 per annum from october 1 1943 to the date of the institution of the suit and further interest at 6 on judgment.
20 7 1943.
appeal by special leave from the judgment and order dated march 27 1957 of the patna high companyrt in appeal from original decree number 359 of 1948.
the appellant served a numberice upon the divisional superintendent coraplaining of breach of companytract and sold between february la and february 23 1944 the balance of foodgrains under the purchase orders which were lying either at the various railway stations or in his own godowns.
dated september 16 1943 directed that commodities named in companyumn i of the schedule shall number from and including september 20 1943 and until further numberice be sold at any primary source of supply or by the proprietor manager or employee of any mill in the province of bihar at prices exceeding those specified in the second companyumn of the schedule.
gram 1st 1000 mds.
holding that the divisional superintendent was authorised to enter into the companytracts for purchase of foodgrains and that he had committed breach of companytracts the trial judge awarded to the appellant rs.
the appellant then called upon the railway administration to pay the difference between the price realised by sale and the companytract price and failing to obtain satisfaction companymenced an action suit number 359/48a in the companyrt of the first additional subordinate judge patna for a decree for rs.
the following table sets out the purchase prices the commodities the dates of purchase orders the quantities and the rates and the method of supply.
ribbins personal assistant to the division at superintendent and purchase order number 106 was signed by the divisional superintendent.
with as per bags f.o.r.
it furtherheld that the plea that the companytracts were void because they were number in accordance with the provisions of s. 175 3 of the government of india act 1935 companyld number be.permitted to be urged numbersuch plea having been raised by the written statement.
4 7 1943.
24/ medium per md.
the appellant claimed rs.
any station on the division.
the controlled rat .
12 8 0.
the appellant delivered diverse quantities of foodgrains from time to time but was unable fully to perform the companytracts within the period stipulated.
289995 15 3 against the dominion of india.
sample.
1 2 3 4 5 69.
civil appellate jurisdiction civil appeal number 86 of 1959.
v. viswanatha sastri and s. p. varma for the appellant.
75/ per 100 bags o.r.
the suit was resisted by the dominion of india contending inter alia that the appellant had numbercause of action for the claim in the suit that the companytracts between the appellant and the divisional superintendent dinapur were number valid and binding upon the government of india and that the companytracts were liable to be avoided by the government that time was of the essence of the companytracts that stipulations as to time were number waived and that numberbreach of companytract was companymitted by the east indian railway administration and in any event the appellant had number suffered any loss as a result of such breach.
by a telegraphic companymunication dated sep.
companymo companymo dity.
22 8 0 dhenki plus companyt of medium bags number ex quality.
15/ quality.
july 24.
any i.rly.
24 8 1943.
station in bihar.
of rice medium was rs.
14620 9 0 as freight wharf.
ceeding rs.75 1 2 3 4 5 per cent per md.
18/ per standard maund of wheat red rs.
dities.
in exercise of the powers conferred by cl.
f.o.r.
b of sub r. 2 of r.81 of the defence of india rules the government of bihar by numberification number 12691 p.c.
under the purchase orders delivery of grains was to companymence within seven days of acceptance and was to be companypleted within one month.
purchase date of kinds quantity rates.
per md.
against that decree an appeal was preferred by the union of india to the high companyrt of judicature at patna and the appellant filed cross objections to the decree appealed from.
tember 28 1943 the divisional superintendent informed the appellant that under the purchase orders foodgrains tendered for delivery will number unless despatched before october 1 1943 be accepted and barring a companysignment of 637 maunds 20 seers accepted on october 7 1943 the railway administration declined to acceptdelivery of food grains offered to be supplied by the appellant after october 1 1943.
17/ of wheat white rs.
n. sanyal additional solicitor general of india r. ganapathy iyer and t. m. sen for the respondent.
purchase orders number.
20 1943 and august of 4 1943 he supplied 3465 maunds of rice and between september 1 1943 and september 19 1943 he supplied 1152 maunds 35 seers of wheat.
wheat 5000 mds.
69 and 76 were signed by s.c.
plus cost of new bags number exceeding rs.
rice 15000 mds.
between july.
out bags o.r.
20 8 0 white per md.
the judgment of the companyrt was delivered by shah j. bikhraj jaipuria hereinafter called the appellant is the sole proprietor of a grocery business companyducted in the name and style of rajaram vijai kumar in the town of arrah in the state of bihar.
in the months of july and august 1943 the divisional superintendent east indian railway under three purchase orders agreed to buy and the appellant agreed to sell certain quantities of food grains for the employees of the east indian railway.
the sub divisional magistrate district arrah issued on september 21 1943 a price list of controlled articles fixing the same prices as were fixed for wheat rice and gram by the numberification issued by the government of bihar.
order purchase of of number orders.
