( 1 ) THIS is defendants First Appeal against the decree dated 31-10-1979, passed by the Civil Judge, Gorakhpur, in a suit filed buy the plaintiff-respondent for a declaration that the impugned order No. D/6 (4)/sugar-G. K. P. /1597 dated 3-7-1973, passed by the defendant-appellant was illegal, void and not binding on the plaintiff.

( 2 ) THE facts need not detain us as they are more or less admitted. The plaintiff respondents case was that he was a Transport Contractor of Sugar and has been undertaking transport and other contracts for supply of labourers and handling foodgrains. On 14-5-1973, the defendant-appellant ordered the plaintiff-respondent to transport sugar from six mills situate in U. P. to 7 different districts and the payment was to be made in accordance with the rates stipulated in the order. One of the important conditions was that the plaintiff shall be held responsible for theft or loss in transit. The contract was ad hoc and was given in emergency, liable to be terminated by a short notice, and was valid for one month only from the date of issue of the letter. In pursuance of the order the plaintiff preferred the work of transport of sugar from s