MADHO RAM Vs. SECRETARY OF STATE FOR INDIA

JUDGEMENT

(1.) In this case the plaintiff, Mahdo Ram, contractor, Lahore Cantonment, instituted a suit to recover Rs. 37,500 from the defendant, the Secretary of State for India in Council, by way of damages for breach of contract, entered into by the Supply and Transport Corps with the sanction of the General Officer Commanding the Lahore Divisional Area, for the supply of "oils of sorts other than kerosine," deliverable at Lahore Cantonment, Ferozepore, Multan, Jullindur, and Amritsar, for the year April 1, 1917, to March 31, 1918.

(2.) The plaintiff having put in a tender for this year in the prescribed form, the written sanction of the G.O.C. was obtained "for the period at the rates quoted" in the schedule to the tender after a "comparative statement" had been submitted to him, which no doubt showed the rates accepted in the preceding year or years.

(3.) The sanction having been duly recorded in the schedule to the tender, the schedule was signed on the same day by the plaintiff and the Deputy Assistant Director of Supplies, and on February 5, 1917, acceptance of the tender was communicated to the plaintiff and entered in the tender.