BARADA KANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Additional Subordinate Judge, Upper Assam Districts dated 10 -4 -1951 by which plaintiff's suit for the recovery of a sum of Rs. 28,137 -6 -3 was dismissed.

(2.) PLAINTIFF is the sole proprietor of a firm known as Sarada Charan Barada Kanta Roy. The firm is doing business at Silchar. The Secretary to the Government of Assam in the Supply Department offered to the firm by letter No. SD. 624/46 dated 30 -7 -1946 the appointment of a distributor of commodities on terms and conditions stated in that letter.

(3.) THE suit has been resisted by the State of Assam. Several pleas have been raised. It was pleaded that the plaintiff had no cause of action against the State of Assam. There was no enforceable agreement in existence. The suit was not maintainable as laid. It was also barred by Section 16(2) of the Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV of 1946). There was also the bar of limitation and plaintiff was estopped from suing by reason of his waiver and acquiescence.