BHIKRAJ JAIPURIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) BIKHRAJ Jaipuria-hereinafter called the appellant- is the sole proprietor of a grocery business conducted 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.

(3.) IN this appeal by the appellant, two questions fall to be determined, (1) whether relying upon the purchase orders signed by the Divisional Superintendent which were not made and executed in the manner prescribed by s.175 (3) of the, government of INdia Act 1935, the appellant could sue the Dominion of INdia for compensation for breach of contract, and (2) whether the appellant has proved the ruling market rate on 1/10/1943 for the commodities in question.