Judgment

GROVER, J.:- This is an appeal from a judgment of the Rajasthan High Court in which the sole question for determination is whether the agreements which were executed between the appellant and the respondent fulfil the requirements of Article 299 of the Constitution.

2. In a suit filed by the respondent against the appellant for recovery of Rs. 86,000 as damages for breach of contract on the basis of agreements which were executed by the Inspector-General of Police Rajasthan a preliminary issue was framed to the following effect:

"Whether the agreements are not in accordance with Art. 299 of the Constitution of India and hence the suit is not maintainable?"

The trial court held that the agreements complied with the provisions of the aforesaid Article. Its decision was upheld by the High Court where the matter was taken on the revisional side.

3. Para 1 of the main agreement which was executed on March 22, 1960 was as follows:

"An agreement made on 22nd day of March, 1960 between Messrs. Daveco s Garments, Jaipur (hereinafter called the approved Contractor which expression shall, where the context so admits, be deemed to include his heirs, successors, executors and administrators)