SILDI AND COMPANY Vs. GOVERNOR-GENERAL IN COUNCIL

JUDGEMENT

(1.) This is a suit against the Government of India. The Plaintiff's case is that at the request of a military officer of the Government, it supplied at Job A.S.F. No. 8 four pump sets, each set consisting of a pump and an engine, for which the Defendant agreed to pay Rs. 15,525. This sum is also claimed, in the alternative, under Section 70 of the Indian Contract Act as compensation for goods supplied without the intention of doing so gratuitously and of which the Defendant has had the benefit. The defence is that the contract is not binding on the Government as it was not in the form prescribed by Section 175 of the Government of India Act, 1935, that the Defendant did not have the benefit of the goods and that the goods were in any event worthless and had been rightly rejected by the Defendant and had in fact been taken away by the Plaintiff.

(2.) The Plaintiff also claims Rs. 350 on account of the price of a certain cylinder. It is not necessary to go into this latter claim for the Defendant has agreed to pay this sum without admitting liability and the Plaintiff is content to accept payment on that term.

(3.) It may also be stated here that the Defendant admits having accepted one pump out of the goods supplied and has agreed to pay for the same and in fact deposited in court Rs. 800, being the price thereof. The disputes in this suit do not concern this pump and the cylinder mentioned above.