Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Calcutta High Court. The brief facts necessary for present purposes are these: The appellant, S. N. Dutt, is the sole proprietor of the business under that name and style at Krishnagore in the district of Nadia in 1944. On May, 17, 1944, S. N. Dutt & Co. obtained an order from the military authorities for the supply of 10,000 baskets of mangoes to be delivered at Sealdah Railway Station, every day from May 24, 1944, for ten days at the rate of 1,000 baskets per day. The military authorities made arrangements with the Bengal and Assam Railway for the supply of 30 covered wagons at Jiaganj Railway Station at the rate of three wagons per day commencing from May 22, 1944, for this purpose, and this was communicated to the appellant on May 19, 1944. On May 18. 1944, the Divisional Superintendent, Sealdah informed the Station Master at Jiaganj that contractor S. N. Dutt would book and load 30 wagons of mangoes at Jiaganj at the rate of three wagons per day from May 22, 1944, and directed him to accept the booking and allot wagons for the said purpose. The appellant thereupon placed indents with the Stati