STATE OF BIHAR Vs. HANUMAN MALJAIN

JUDGEMENT

(1.) Leave granted in both these special leave petitions.

(2.) By consent of learned advocates of the parties the appeals were heard finally and are being disposed of by this common judgment. The appellants in both these appeals are State of Bihar and its officers in Rural Engineering Organisation. The respondent in both these appeals is also one and the same contractor. The grievance raised by the appellants centres round the orders passed by the learned Subordinate Judge, Chaibasa, making awards rules of the court in two title suits filed by the respondent against the appellants. These orders of the learned Subordinate Judge in turn were confirmed by the High court of Patna in appeal moved by the appellants and that is how the appellants are before us in these proceedings. We shall refer to the respondent as plaintiff and the appellants as defendants in the latter part of this judgment.

(3.) The plaintiff filed two title suits for recovering money dues from the defendants, in the Court of the Subordinate Judge, Chaibasa. His contention was that while carrying out contract work entrusted to him by the defendants he had incurred expenditure over various extra items which were not paid for by the authorities concerned. He also raised certain ancillary claims against the defendants seeking money decrees against the defendants in both these suits.