Judgment

CHINNAPPA REDDY, J.:- The State of Rajasthan, defendant in Civil Suit No. 9 of 1963 in the Court of the Senior Civil Judge, Udaipur, is the appellant in this appeal filed pursuant to a certificate granted under Article 133 (1) (a) of the Constitution of India (as it stood prior to the 30th amendment). The plaintiff respondent took a building work on contract from the erstwhile Government of the State of Udaipur. He completed the work on 6th June, 1950. Despite demands and notices issued by the plaintiff a considerable amount due to him remained unpaid. He, therefore, filed the suit out of which the appeal arises to recover a sum of Rs. 5,19,458/11/- together with interest at the rate of 12%. The suit was contested by the State of Rajasthan. An interim decree for a sum of Rs. 66,517 was passed on 7th November, 1955. After full trial a decree for Rs. 1,67,619 (including the sum of Rupees 66,517 for which a preliminary decree had already been passed) was passed on 11-6-1958/30-6-1958. The decree also awarded interest at the rate of 41/2 % on the amount decreed from the date of suit till the date of realisation. The plaintiff and the defendant preferred appeals to the High Cour