Judgment

BACHAWAT, J. : Maharaja Sir Rajendra Prakash Bahadur Maharaja of Sirmur, Maharani Mandalsa Kumari Debi Rajmata of Sirmur, Maharani Premlata Debi of Chhota Udaipur, Maiyan Sahiba Sheb a Kumari Debi of Jharipani, Major Rao Raja Sirendra Singh, Jagat Pershad, Shib Chander Kumar, Praduman Kumar and Dayawati Rani carried on business in co-partnership under the firm name and style of Messrs. Jagatsons International Corporation on (hereinafter referred to as the firm) at New Delhi. Respondent No. 1, Ramnarain (Private).Ltd. instituted summary Suit No. 162 of 1957 against Messrs. Jagatsons International Corporation on the original Side of the Bombay High Court claiming a money decree for Rs.1,96,831.58 nP. The suit was instituted on the allegation that respondent No. 1 and the firm had entered into an agreement in writing dated September 26, 1956, whereby respondent No. 1 agreed to provide finance to the firm; as a result of the dealings under the agreement a sum of Rs.1,96,831.58 nP. was due to respondent No. 1 from the firm, and in view of the breaches of the agreement by the firm, the agreement had stood terminated. The consent of the Central Government to the institution of the