Judgment

BEG. J.:- This is a plaintiffs appeal by special leave. The plaintiff M/s. Hansraj Gupta & Co. (hereinafter referred to as the Company ) had brought a suit on 1-2-1950 on the basis of a contract for supply of fire-wood to the Military Units at Dehradun and Clement Town from 1-4-l944 to 31-3-1945 entered into by Mahesh Chandra Gupta, defendant No. 2, (hereinafter referred to as "the Contractor"), and the Govt. of India, acting through the Commander, U. P. Area, now represented by the Union of India, defendant No. 1. The Company claimed as the financier of the Contractor and sued on the strength of an authority conferred by a power of attorney executed by the Contractor to collect monies due for supplies made under the contract by the supplying contractor. According to the plaint, the whole supply was actually made by the Contractor.

2. The Contract (Ex. A-3), dated 15-2-1944, provided that the parties were to be governed by special conditions or stipulations contained in instructions to "tenderers" which were to be a part of the contract. According to these instructions, the rates agreed upon for the supply of Common firewood and Split fire-wood could not be varied at all