( 1 ) THE State of West Bengal is appellant in this appeal, and the two respondents are the two plaintiffs of the Trial Court who have sued both in their personal capacity and also as Kartas of a joint Hindu family consisting of themselves and their sons. The suit was instituted by the respondents in the Trial Court for recovery of a sum of Rs. 6535/8/6 pies as damages on a certain contract to which we shall presently refer.

( 2 ) THE suit was contested by the appellant State on the ground that the notice under Section 80 of the Code of Civil Procedure purporting to have been served upon the Government was not a legal and valid notice and the suit was barred by limitation. A further plea was taken that the amount claimed by way of damages was excessive.

( 3 ) THE Trial Court overruled the legal objections taken on behalf of the State and decreed the claim of the plaintiff in part for Rs. 5901/6as, with corresponding costs. This appeal has been preferred by the State of West Bengal from the above judgment and decree passed by the Trial Court.

( 4 ) THE genesis of this suit is contained in an agreement for purchase of paddy and supply of rice by a rice mill