Judgment

HIDAYATULLAH, J. : These are two appeals by special leave in which Kays Construction Co. (P) Ltd. is the appellant. Civil Appeal No. 1108 of 1963 is against a judgment of the Allahabad High Court dated March 15, 1962 and Civil Appeal No. 1109 of 1963 is against an order of the same High Court dated May, 9, 1962 declining to certify the case under Art. 133 of the Constitution as in the opinion of the High Court the proceeding from which the appeal arose before the High Court was not a civil proceeding within Art. 133. As special leave has been granted against the judgment of the High Court and we are of opinion that the appeal against that judgment must be dismissed, we do not think it necessary to decide the other appeal.

2. The facts of the case may now be stated briefly. The appellant Company is the successor of a private concern which went under the name of Kays Construction Company and was owned by one Mr. H. M. Khosla who is now Managing Director of the appellant Company. It appears that Mr. Khosla found it unprofitable to continue the business as his own and he stopped it for a while before Kays Construction Co. (Private) Ltd. came into existence. The appellant Company