Judgment :

DAS GUPTA, J. : The appellant is a building contractor. He constructed buildings for the Bai Gangabai Memorial Hospital Gondia, Kunwar Tilaksingh Civil Hospital, Gondia, and also for the Twynam Hospital, Tumsar all within the district of Bhandara in Madhaya Pradesh in execution of three separate contracts in respect of the three hospitals which were concluded between him and the Deputy Commissioner of Bhandara. Though he received part payment in respect of each of these contracts he claims not to have received full payment of what was due to him. On April 1, 1548 he brought the three suits out of which these three appeals have arisen for obtaining payments which he claims were due to him. His averments in all the three plaints are similar, except that in respect of one of the suits, viz, the one in respect of the construction work done for the Bai Gangabai Memorial Hospitals he has also claimed the price of some furniture said to have been supplied by him at the request of the Deputy Commissioner. The common case of the plaintiff in these three suits was that the Deputy Commissioner entered into these contracts "as representative of the Provincial Government" after having