( 1 ) THIS is an appeal at the instance of the plaintiff. The suit was instituted by the plaintiff against the defendant Union of India claiming a sum of Rs. 10,901-8-0 alleged to be due for supply of coal together with a sum of Rs. 6540-14-0 by way of interest. The Union of India contested the claim denying the supply and its main points were that there was no valid contract between it and the plaintiff in view of the provision of Section 175 of the Government of India Act, 1935 corresponding to Article 299 of the Constitution and that the claim is barred by limitation and there was no notice under Section 80 of the Code of Civil Procedure. The learned Subordinate Judge who tried the suit at its original stage was satisfied that the goods had been delivered and the price claimed^ would be due but he found that no valid notice under Section 80 of the Code of Civil Procedure had been served and further that the claim was barred by limitation and the contract would not bind the Union of India in view of Section 175 of the Government of India Act. The plaintiff appealed to this Court and this Court affirmed the finding of the learned Subordinate Judge to the eff