( 1 ) THIS appeal is at the instance of the plaintiff and it is directed against the judgment and decree of the learned Sub-ordinate Judge dismissing his suit against the State and other defendants for recovery of a sum of Rs. 15000/- (fifteen thousand only) and interest in respect of the price of a diesel motor truck. It is no longer disputed that on 14th Oct, 1968 the plaintiff had delivered to the then Principal, Industrial Training Institute of the State Government situated at Malda the aforesaid diesel truck No. WGR 553 for the purpose of use of the same for imparting training at the Institute. The price was fixed at Rs. 15000/- (fifteen thousand only ). It is also undisputed that no valid contract in accordance with Art. 299 of the Constitution was made by and between the plaintiff on the one hand and the defendant-State on the other. Therefore the plaintiff-appellant was not entitled to sue the defendant-State and other on the basis of any contractual obligation to pay the price of the said truck. We may record that at the trial of the suit defendant's witnesses did not deny that the said truck was lying in the Motor Mechanism Section of the Institute and that