BHURMAL RAMHARAN – Appellant
Versus
GODURAM MANGALCHAND JAT – Respondent
1. This is an appeal from the decision of the Additional District Judge, Khandwa, who has held that a contract which we set forth in extenso below is against public policy and that the plaintiff's suit for breach of the contract, decreed in part by the trial Court, must therefore fail. The learned Judge of the first appellate Court has not decided the facts, and we consider it desirable to set forth certain facts which are either undisputed or appear to us to be clear from a consideration of the evidence. The defendant respondent Goduram obtained a contract from the Secretary of State for India in Council to convey the postal articles and mail bags once a day from Khandwa R.M.S. to Khargon in Indor State and vice versa. It was provided in the contract that all motor vehicles used for performance of the contract should be subject to the approval of some person deputed for the purpose by the Postmaster. General of the Central Circle, and it was also provided that no part of the contract or interest of the contract should be transferred to any other person without the previous consent in writing of the Director. General, Posts and Telegraphs, or Postmaster-General. The contrac
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