( 1 ) THIS is a plaintiff s appeal against the dismissal of his claim fur Rs. 51. 856/9/ by the. trial court. The respondent-Union of India was the defendant No. 1 in the trial court.

( 2 ) THE plaintiff-appellant entered into a contract with the defendant-respondent for the supply of meat on terms and conditions which are embodied in the instructions to Tenders, the tender and the Acceptance of Tender. He deposited Rs. 18,000. 00 as security for the performance of contract, the amount being deposited in the savings bank account, the pass book of which was delivered to the defendant respondent. The officer sanctioning the contract could rescind it if the plaintiff were to commit a breach of it and thereupon the amount of security deposit or such portion thereof as the officer sanctioning the contract should consider fit or adequate was to stand forfeited without prejudice to any other remedy that the Government might have against the plaintiff. The officer sanctioning the contract was to be indicated by filling the blank in clause 12 of the instructions to tenderers. The blank was filled by the insertion of the officer as being the Commander 181, Independent Brigade,