JUDGMENT

V. GOPALA GOWDA, J.

This Civil Appeal is directed against the impugned judgment and order dated 03.07.2007 passed by the High Court of Judicature at Patna in Second Appeal No. 516 of 1988 whereby it has set aside the impugned judgment and orders therein passed by the courts below on the ground that both the courts below not only committed error of record by misconstruing the facts and evidence on record but also ignored the specific provisions of law as well as the necessary and relevant case laws and also wrongly held that the Title Suit No. 68 of 1978 was barred by the principles of res judicata.

2. The facts which are required to appreciate the rival legal contentions urged on behalf of the parties are stated in brief hereunder:

The appellant-Indian Oil Corporation Limited (for short "IOCL") in the year 1971 invited applications from eligible persons under the scheme for awarding the distributorship of Indane Gas (LPG) Agencies in the town of Muzaffarpur, Bihar. The said distributorship was reserved for ex- defence personnel, war-widows and dependants. The respondent no.2- Ex- Captain A.S. Siddiqui and respondent no.3-Ex-Captain Jai Narain Prasad Nishad applied for the sai