SATYANARAYANA RAJU, J.

( 1 ) THIS matter comes before us on a reference made by the First Additional Chief Judge, City Civil Court, Hyderabad, under S. 133 of the Code of Civil Procedure.

( 2 ) THE point which arises for decision in this reference is whether the Hyderabad Suits Against Government Act (V of 1320 Fasli) Hereinafter referred to as the Hyderabad Act is void by reason of its repugnancy to the Code of Civil Procedure which was extended to the erstwhile State of Hyderabad in April 1951.

( 3 ) FOR a better appreciation of the point in controversy, we may, at the outset, briefly mention the admitted facts. On 23/07/1953, the plaintiff gave notice to the former Government of Hyderabad, under S. 80 of the Code of Civil Procedure, and on 23/11/1953 instituted the suit against them for recovery of a sum of Rs. 4,00,000 by way of damages for an alleged breach of the contract entered into by him with the Government. The Government filed their written statement raising various contentions regarding the tenability of the claim made by the plaintiff. The trial of the suit was taken up sometime in the year 1955. Eventually, on October 1958, the suit was decreed for a sum of Rs. 1,50,

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