JUDGMENT

SEN, J.:—This appeal on certificate brought from the judgment and decree of the Allahabad High Court dated February 26, 1965 reversing the judgment and decree of the Civil Judge, Agra dated August 25, 1952 and dismissing the plaintiffs suit for recovery of Rs. 26,000/- raises a question of some importance upon S. 80 of the Code of Civil Procedure, 1908.

2. The facts giving rise to this appeal may be shortly stated. On November 12, 1949, the plaintiffs Ghanshyam Dass and his two minor brothers Shree Ram and Mohan Lal brought the suit out of which this appeal arises, in the Court of the Civil Judge, Agra for recovery of a sum of Rs. 26,000/- against the Dominion of India through the Defence Secretary, New Delhi. It was pleaded that their late father Seth Lachman Dass Gupta entered into a contract with the Governor General-in-Council for the supply of charcoal to the Military Supply Depot at Agra during the period from April 1, 1943 to March 31, 1944. In pursuance thereof, he made necessary supplies and received payments for the same at the contractual rates from time to time. It was pleaded that the contract contained an escalation clause viz. clause 8, to the effect that in