Judgement

Appeal (No. 67 of 1936) from a decree of the High Court (December 22, 1933) modifying, but in the main confirming, a decree of the Subordinate Judge of Agra (July 3, 1929).

In April, 1923, the plaintiff, Mohammad Habib-Ullah, a timber merchant, entered into four contracts for the supply of sleepers for the Gaekwar Baroda State Railway. The contracts were made in Baroda and signed by a Mr. Martin as "Manager and Engineer-in-Chief, Baroda State Railway.” It was subsequently alleged on behalf of the railway (inter alia) that sleepers which had been delivered under two of the contracts were not in accordance with the contracts, and all the contracts were cancelled by a letter, dated May 3, 1924, from the then manager and engineer-in-chief of the railway. Three years later, on May 7, 1927, the plaintiff brought an action against the Gaekwar Baroda State Railway through "the Manager and Engineer-in-Chief” of the railway, claiming Rs.38,185-12-0 for the balance of the price of the sleepers supplied plus retrenchment money, and Rs.1,16,720-14-0 damages for failure to take delivery of the remainder of the sleepers.

It was pleaded in defence (inter alia) that "The suit not having b