( 1 ) THIS appeal, preferred by the Union of India and the Chief Administrator, dandakaranya Project, is directed against the judgment of the First Addl. District Judge, Raipur, decreeing the plaintiff's suit for recovery of Rupees 42,500 as damages for breach of a contract.

( 2 ) THE facts shortly stated are as follows. In 1964, the Dandakaranya Project was in immediate need of about 5,000 wooden poles for laying electric transmission lines to the Mana Camp. The plaintiff had evidently approached the Chief Administrator in that connection. On 14-4-1964, whale Shri F. A. Lahiri, Conservator of Forests, Dandakaranya Project, was camping at Raipur, the plaintiff made a written offer, Ex. D-3, to the Chief Administrator, dandakaranya Project for supply of 2,000 sal Electric Transmission poles at the rate of Rs. 40 per pole F. O. R. Kurud. The Conservator of Forests after obtaining the approval of the Chief administrator by his memo. No. CF-64/1284, dated 18-4-1964, Ex. P-1, placed an order for the supply of the poles as per specifications given. The terms of the order stipulated, among other things, that the plaintiff would supply 1,000 poles by 5-5-1964. By this memo th