Tek Chand, J.

1. This is a plaintiffs first appeal from the judgment and decree of the Court of Subordinate Judge, Delhi dismissing the plaintiffs suit, but leaving the parties to bear their own costs. The plaintiffs are seven in number, out of whom plaintiff No. 5 is a minor. Plaintiffs Nos. 2 to 5 are sons of plaintiff No. 1. The first defendant is the Union of India and the second defendant is Captain S. Kirpa Ram. The claim in the suit is for recovery of Rs. 72,266/13/- and for the grant of mandatory injunction or in the alternative for recovery of Rs. 1,47,730/127-.

2. The second defendant, who is a Government Contractor, has been carrying on business under the name and style of R. S. Captain Kirpa Ram and Sons. The Central Government had invited tenders for supply of door frames and window frames (Chaukats) etc. and shutters of hard and soft wood. The second defendant submitted his tender in his business name of Captain S. Kirpa Ram and Sons for C. P. Teak wood, Deodar and Kail. In the month of February 1948, the Government made a new proposal to defendant No. 2 to make the entire supply in Teak wood if he would, charge at the lowest rates which had been tendered by d