Judgement

DUA, J.: The appellant in this appeal with certificate from the judgment and decree of the Allahabad High Court, had in February 1944 submitted a tender for the supply of meat to the army authorities at Allahabad and Banaras. This tender was accepted in March 1944 for the supply of meat for one year from April 1, 1944 to March 31, 1945. The formal acceptance was conveyed on May 18, 1944. The controversy centres round the condition contained in para 51 of the special conditions for the meat supply. This condition reads as under :

"51. (a) No enhancement of rates will be considered in the case of contracts concluded for periods of 3 or 6 months.

(b) In the case of annual contracts, revision of rates i.e. increases or decreases, will be provided for, but no revision will be considered or allowed within six months of the commencement of the contract.

(c) Rates for annual contracts will be subject to review, according to the rise or fall of market rates by referees appointed by Government, the reviewing Tribunal for contracts to consist of the Deputy Commissioner or his representative, the C. R. I. A. S. C. or his representative and the local purchase officer (Military). The three