( 1 ) THE present suit has been filed by the plaintiff for recovery of Rs. 4,71,736. 74. The facts as enumerated in paragraphs 2,3,4 and 5 of the plaint may be reproduced as follows :

"2. Under a tripartite agreement entered into by and between the plaintiff, the President of India (Government of India), through the Planning Commission, New Delhi (hereinafter called "the Planning Commission ) and the Inter-data Inc. (a company incorporated under the laws of United States of America; hereinafter called the manufacturer ), the plaintiff was obliged to supply, install, service and upkeep a computer equipment manufactured by the manufacturer as per the terms thereof.

3. As per the terms of the said agreement, the title to the equipment was to pass on to the Planning Commission upon air-freighting of the equipment at the U. S. International Airport and the price for the Computer equipment was U. S. $410,130. 00 being F. O. B. International U. S. Airport value payable byconfirmed and irrevocable Letter of Credit against shipping documents. The Planning Commission undertook to pay all air freight and other transportation charges for carriage of equipment to the installatio