UPPER ASSAM TEA COMPANY Vs. THOPOOR

JUDGEMENT

(1.) Thopoor was under contract to supply wood to the aforesaid Company on a consideration of rupees 100 advanced to him by the Company. The contract states that he would deliver the wood in June 1869, and in that he would not fail. This is a contract, the breach of which can only be remedied by suit in the Civil Court. The provisions of Act XIII of 1859 are not applicable. That Act was passed to provide for the punishment of breaches of contract by artificers, workmen, and labourers. The contractor in the present case is not an artificer, a workman or a labourer. The order of the Assistant Commissioner is quashed.