Judgment

HEGDE, J.: This is an appeal by certificate under Art. 133 (1) (a) of the Constitution. The appellant is the plaintiff in the suit. In the suit he claimed a sum of Rs. 30,699-1-3 against both the defendants. The suit was decree by the trial Court against the defendants in a sum of Rupees 22,634,4-0 together with costs and interest from the date of the decree. The State of Madhya Pradesh, the 1st defendant in the suit appealed against the decree. The second defendant did not appeal against the decree. The plaintiff filed cross-objection claiming interest on the principal amount claimed from the date of the suit till decree. The High Court allowed the appeal of the State and set aside the decree against it; but it failed to pass any order on the cross-objection. In this appeal the appellant seeks not only to get restored the trial Court s decree against the State of Madhya Pradesh, he also wants that the relief claimed by him in his cross-objection before the High Court should be granted to him.

2. The facts of the case lie within narrow limits. One Hetampal Singh, father of defendant 2, was a licence holder for Gird district in the then State of Gwalior for distribution of gr