Judgment

BEG, J.:- The plaintiff-appellant Timblo Irmaos Ltd., (hereinafter referred to as the Company) had sued Jorge Anibal Matos Sequeira and his wife (hereinafter referred to as Sequeiras) for recovery of Rs. 2,82,141/-, claimed under a contract of 23rd January, 1954, and a sum of Rupees 1,14,700/-, claimed under another contract of 4th February, 1964. The Sequeiras counterclaimed Rs. 3 lakhs as price of 8000 tons of iron ore supplied to the Company: and pleaded that a sum of Rupees 1,13,000/- advanced by the Company to the Sequeiras was to be adjusted after final determination of the amount due as price of goods sold and supplied.

2. The Sequeiras are holders of a mining concession. They, it was alleged, had entered into the two contracts, one of 23rd January, 1954 through their attorney, Ramesh Jethalal Thakkar (hereinafter referred to as Thakkar Junior). for supplying 8000 tons of iron ore altered in some respects, by a later agreement and the other of 4th February, 1954 alleged to be binding on the Sequeiras although entered into through Jethalal C. Thakkar (hereinafter referred to as "Thakkar Senior), the father of R. J. Thakker. The most important clause in the contract of