JUDGMENT

ORDER:— Civil Appeal No. 1126 of 1973 is allowed and the delay of two days caused in filing C. F. A. No. 70/70 in the High Court is condoned. We remand the aforesaid appeal (C. F. A. No. 70/70) to the Rajasthan High Court for disposal in accordance with law, but subject to the following conditions:

(1) Regardless of the result of C. F. A. No. 70/70 or of any further appeal or appeals to the High Court or to this Court arising out of the present suit, the State of Rajasthan shall pay to the plaintiff (a) costs of suit No. 4 of 1957 as already awarded to him by the trial Court, (b) costs of the plaintiff in C. F. A. No. 70/70 both before and after the remand, and (c) the costs incurred by the plaintiff in this Court in C. A. No. 1126/73.

(2) In the event of C. F. A. No. 70/70 filed by the State in the High Court of Rajasthan being allowed in full, the state shall not be entitled to the payment of any interest either on the decretal amount of Rs. 1,26,710.53 or on the interest amount of Rs. 1,00,810.05 for any part of the period between the date of payment of the said amount by the state to the plaintiff and for a period of 90 days from the date on which the High Court will pas