( 1 ) THE present appeal arises out of the judgment and decree dated 21st day October of 1969 passed by the learned Single Judge of this Court in Suit No. lll of 1967 by which the suit of the appellant was dismissed.

( 2 ) THE case of the appellant in brief is that the appellant being a registered partnership firm instituted a suit for recovery ofrs. 29,000. 00 against the respondent-Union of India and two others i. e. the officials of the railways. Inseptember, 1959 respondent No. 3, Divisional Superintendent, Commercial, Northern Railway at Lucknow acting on behalf of respondent No. 1, viz. General Manager, Northern Railway, New Delhi invited tenders for the goods handling contract at Lucknow Railway Goods and Transhipment Sheds. In response to the tender enquiry, the appellant submitted its tender to the railways on 16th September, 1959 which was accepted on 15th October, 1959. The tenure of the contract was for three years from 1st November, 1959 to 31st October. 1962. The endorsement confirmed that the allotment of the contract had been sanctioned by the Divisional Superintendent with the concurrence of the Divisional Accounts Officer. On 30th October, 1959, the