Judgment

HIDAYATULLAH, J. : This is an appeal by the plaintiff against the judgment and decree of the Judicial Commissioner, Ajmer confirming the decree of the trial Judge dismissing the suit. It comes before us on a certificate under Arts. 132 (1) and 133 (1) (c) of the Constitution granted by the High Court of Rajasthan after the reorganisation of the States.

2. The suit was filed by the appellant for recovery of Rs. 23,998-12-0 as price of goods supplied in the year 1947 to the Ruler of Jaipur State, (including interest) and damages suffered by the appellant due to the refusal of the defendants to take delivery of some other goods similarly ordered. In addition to the ex-Ruler of Jaipur, his Military Secretary and one Mohabat Singh, an employee of the ex-Ruler, were also joined as defendants, on the plea that they had placed the orders as agents of the ex-Ruler. The suit was filed on February 28, 1951. The ex-Ruler raised the plea that the suit was incompetent, as the consent of the Central Government under S. 87B of the Code of Civil Procedure was not obtained and asked that the suit be dismissed. The other defendants denied the claim and also their liability on various grounds,