Accordingly Seth Lachman Dass made a demand for payment of price at the increased rate.
lt appears that before his death,.
In pursuance thereof, he made necessary supplies and received payments for the same at the companytractual rates from time to time.
He found that the plaintiffs were entitled in terms of clause 8 of the companytract to receive a sum of Rs.
clause 8, to the effect that in case the price of charcoal increased by more than 10 of the stipulated rate during the subsistence of the companytract, the companytractor would be entitled to the price at the higher rate.
A 8 on the Dominion of India through the Defence Secretary under s.80 of the Code of Civil Procedure 1908.
It was alleged that from the date of the companytract, the rate of charcoal went up companytinuously to 44.8 in July, August and September 1943, 93.1 in October November and December 1943 and 82.7 in January, February and March 1944.
A 8 served by the plaintiffs father Seth Lachman Dass must enure for their benefit.
20,710.50 p. being the difference between the enhanced rate and the companytractual rate for the supplies paid for and accordingly decreed the plaintiffs claim to that extent.
The military authorities paid at the enhanced rate for part of the supplies while for the rest they refused to pay at more than the companytractual rate.
Seth Lachman Dass served a numberice Ex.
On or about September 15, 1948 he received a letter from the military authorities rejecting his claim for payments at the enhanced rate but before he companyld institute any suit he died on October 28, 1949.
But on appeal the High Court, his decision on the point was reversed upon the view that the numberice Ex.
Thereafter, on November 12, 1949 the plaintiffs who ale his three sons, brought the suit as his legal heirs and successors claiming the amount.
A 8 given by the plaintiffs father was insufficient and was numbera valid numberice under s.80 of the Code of Civil Procedure insofar as the plaintiffs were companycerned.
From Judgment and Decree dated 26.2.65 of Allahabad High Court in first appeal No.
A 8 given by Seth Lachman Dass companyld number inure for the benefit of the plaintiffs and therefore the suit was bad for want of a numberice under s.80 of the Code.
The defendants companytested the claim inter alia on the ground that the numberice Ex.
The learned Civil Judge, however, held that numberfurther numberice under s.80 was necessary as the numberice Ex.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was pleaded that their late father Seth Lachman Dass Gupta entered into a companytract with the Governor General in Council for the supply of charcoal to the Military Supply Depot at Agra during the period from April 1, 1943 to March, 31, 1944.
82 of 1971.
457 of 1952.
It was pleaded that tho companytract companytained an escalation clause viz.
C. Mahajan and A. Subhashini for the respondents.
On November 12, 1949, the plaintiffs Ghanshyam Dass and his two minor brothers Shree Ram and Mohan Lal brought the suit out of which this appeal arises, in the Court of the Civil Judge, Agra for recovery of a sum of Rs.
P. Goyal and S.K. Jain for the appellants.
The facts giving rise to this appeal may be shortly stated.
The Judgement of the Court was delivered by SEN, J. This appeal on certificate brought from the judgment and decree of the Allahabad High Court dated February 26, 1965 reversing the judgment and decree of the Civil Judge, Agra dated August 25, 1952 and dismissing the plaintiffs suit for recovery of Rs.
26,000 against the Dominion of India through the Defence Secretary, New Delhi.
