Judgment :

V.GOPALA GOWDA, J.

Civil Appeal No.3498 of 2008 arises out of order dated 30.6.2005 in C.R.No.1330 of 2003 passed by the Division Bench of the Madhya Pradesh High Court at Jabalpur relying on the judgment and order dated 13.4.2005 passed by the Full Bench of the Madhya Pradesh High Court in C.R.No.633 of 2003 etc. The connected Civil Appeal No.1145 of 2009 arises out of judgment and order dated 4.7.2006 passed by the Division Bench of the Madhya Pradesh High Court at Jabalpur in C.R.No.1 of 2006.

2. Civil Appeal No.3498 of 2008 was heard by a Division Bench of this Court, wherein by way of judgment dated 12.05.2008, it was opined that the case of Nagar Palika Parishad, Morena v. Agrawal Construction Company, 2004 (II) MPJR SN 55 was not correctly decided and, thus, the matter required consideration by a larger bench. It was further opined that the record of the case be placed before the Hon’ble the Chief Justice of India for constituting an appropriate Bench. That is how this matter has come up for consideration before us.

3. As both the appeals are identical, for the sake of convenience, we would refer to the necessary facts of C.A.No.3498 of 2008 which are stated hereun