Judgment

KANIA, J. :- These two appeals are directed against the judgment of a Division Bench of the Gujarat High Court and arise on a certificate granted by the High Court under Art. 133(1)(a) of the Constitution as it stood prior to its amendment in 1972.

2. The facts necessary for & appreciation of the controversy before us are as follows :

The appellants in Civil Appeal No. 2310 of 1972 and the respondents in Civil Appeal No. 2311 of 1972 are a partnership firm and its partners. The respondent in Civil Appeal No. 2310 of 1972 and the appellant in Civil Appeal No. 2311 of 1972 is the Gujarat Electricity Board. A suit was instituted by the said partnership firm and its partners against the said Electricity Board in the Court of the Joint Civil Judge, Senior Division, Baroda, claiming certain amounts in respect of the work done under a construction contract and for certain extra items of work. We propose to refer to the parties by their description in the suit. Since the dispute in the appeals before us relates to only three items, we propose to refer to the facts which relate to those three items alone. The Trial Court passed a decree in favour of the plaintiffs and against the defe