P. B. MUKHARJI, J.

( 1 ) THIS is plaintiff's action against the Union of India for the recovery of two sums of money, one for Rs. 12,161/- and the other for damages amounting to Rs. 49,186-8-0 As the suit was instituted in 1948, the original defendant) named was the Dominion of India. The plaintiff has give up his claim for damages for Rs. 49,186-8 and that is recorded. The suit, therefore, is now only for the recovery of Rs. 12,161/ -. That is the only issue.

( 2 ) THE plaintiff claims this sum of Rs. 12,161/-on the ground that it paid this sum to the Government as the purchase price of certain bricks from the Government The plaintiff alleges that the Government failed to deriver the bricks. The plaintiff, therefore, claims refund of the sum of Rs. 12,161/ -.

( 3 ) THE facts of the case are short and simple. The plaintiff pleads that towards the end of June or the beginning of July, 1946 the Governor-General in Council for undivided India invited benders for the purchase of surplus bricks and brickbats in the Agartolla area in the State of Tipperah. The plaintiff tendered for such purchase. His tender was accepted. On 12-7-1949 ho deposited the entire purchase price of Rs. 12,1

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