( 1 ) THIS is a suit which was filed by the plaintiff against the Governor-General-in-Council, in or about 11-8-1947, for a decree for Rs. 62,562/- and other reliefs. The plaintiff is a military contractor and entered into a contract with the military authorities on or, about 12-11-1943, for the construction of various works at Comilla, including latrines for the use of the military forces. The plaintiff executed the said contract. It is stated in the plaint that the bill was duly submitted to the Commander Royal Engineers at Ghittagong on 15-12-1945. This bill has not been paid. The suit was originally filed against the Governor-General-in-Council. On 15-3-1950, the plaintiff made an application for amending the cause-title and body of the plaint by substituting the "union of India" in the place and stead of the Governor-General-in-Council. On 27-4-1950, an order was made by Bachawat, J. ordering substitution and further directing as follows:"that this suit be placed on the peremptory list of suits after one month from the date hereof, for trial of the following preliminary issue, viz. ,"as to whether or not the liability, if any, of the Governor-General of India in Cou