THAWARDAS FHERUMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal and Civil Appeal No. 12 of 1954, which will also be governed by this judgment, raise the same points though there are some differences in the facts. We will deal with Civil Appeal No. 260 of 1953 first.

(2.) The suit there related to an arbitration matter. The appellant before us, whom it will be convenient to call the contractor, entered into a contract with the Dominion of India through an Additional Chief Engineer of the C. P. W. D. on 1-11-1945 for the supply of bricks to the C. P. W. D., a department of the Dominion Government.

(3.) By that time the Constitution had come into force and the Union of India replaced the Dominion of India as a defendant. The Union of India filed an appeal to the High Court. The appeal was allowed in part. The contractor thereupon appealed to this Court.