STATE Vs. KRISHNU MAL

JUDGEMENT

(1.) This was originally admitted as a second appeal, but, for reasons stated in this Court's order. dated 21 12 1954, it was held that no second appeal lies in this case. At the request of the learned counsel for the appellant, however, the memorandum of appeal was treated as a revision petition. This revision petition was admitted on the point that the learned District Judge has created an impossible situation by giving findings on issues 1 and 2 and remanding the case for decision on the remaining issues.

(2.) THE facts giving rise to this revision petition are that one Krishnu Mal filed a suit against the former State of Bilaspur for recovery of a sum of Rs. 3,997/2/ by way of damages for alleged breach of contract. His case was that he had purchased the arms and ammunition contract for Bhakra for a period of 15 months from the 1st of Poll 2004 B. for a sum of Rs. 3,700/ . The plaintiff paid a sum of Rs. 925/ at the time of auction and the balance was to be paid in three instalments. The plaintiff alleged 'that Government failed to perform its part of the contract and, therefore, was not entitled to realize the balance of Rs. 2,775/ . He also claimed a refund of the first instalment of Rs. 925/ . The suit was resisted by the Government on various grounds. The Subordinate Judge held that the plaintiff was not entitled to the refund of Rs. 925/ . He held, at the same time, that the defendant was also not entitled to recover the balance of Rs. 2,775/ by attachment and, accordingly, directed that the attached property be released.

(3.) HAVING come so far, the learned District Judge then passed the following curious order: