DHARMESWAR KALITA Vs. UNION OF INDIA (UOI) AND ANR.

JUDGEMENT

(1.) THIS appeal is from the judgment and decree of Mr. M.K. Barkataki, B.L. Subordinate' Judge, Upper Assam Districts, dated 31 -1 -1951, by which plaintiff's suit was dismissed.

(2.) THE suit of plaintiff -appellant was on the basis of an alleged agreement, the terms of which are said to have been incorporated in a letter Ext. 1 dated 20 -7 -1945. The Divisional Forest Officer, Jorhat, issued this letter to the plaintiff. It is averred that the Divisional Forest Officer represented the State of Assam when making the contract for the supply of thatch to the extent of twenty lakh bundles at Rs. 112/ - per 1000 bundles. The Union of India has also been impleaded on the ground that the supply was meant for use by the Central Government and that the Divisional Forest Officer ordered the supply in pursuance of an arrangement between the Central Government and the State of Assam. Originally two Divisional Forest Officers were also included in the list of defendants. They were later on dropped from the list.

(3.) ONE of the pleas raised in defence was that the "agreement which formed the basis of the suit was hit by Section 175(3), Government of India Act, 1935. The allegation of the plaintiff that thatch to the extent of 15 lakhs bundles was supplied was also repudiated.