C.P.Sinha, J.

1. Defendant No. 1, the Dominion of India, is the appellant. The plaintiff had instituted the suit for recovery of the price of 1970 charpois alleged to have been supplied by the plaintiff on 12th September, 1944, and 1st October, 1944, at the rate of Rs. 5/8 each and damages claimed were at the rate of 6 1/4 per cent. per annum from the date of the supplies. The suit having been decreed against defendant No. 1 the Dominion of India, the present appeal has been filed.

2. In 1944-45, there was a military camp at Chas, and the plaintiff was a contractor is the Military Department at Dhanbad during the period. The Sub-divisional Officer of the Military Engineering Services, popularly known as "M.E.S." Chas area made a contract with the plaintiff to meet emergent requirements for supply of 2,000 charpois at the rate of Rs. 5/8/-. According to the contract, the plaintiff alleges to have supplied 91 charpois on 12th September, 1944, and 1879 charpois on 1st October, 1944. These supplies were duly accepted and receipts given.

The plaintiff, thereafter presented a bill for a sum of Rs. 10,835/- to the Sub-divisional Officer, but the bill was not paid and it was repre