The Plaintiff in Suit No.1574 of 1980 is a firm of building contractors who had to put up construction work and who put up certain construction work for defendant No.1 society. There have been various disputes by and between the parties leading the parties to enter into several agreements on 24th June, 1974,7th August, 1975 & 13th March,1978. These constituted novatio from time to time between parties. The last agreement of 13th March,1978 was entered into by and between the Plaintiff and Defendant No.1 society pursuant to the resolution of defendant No.1 society dated 5th March, 1978.

2. Both parties dispute the role of the other under the said agreement and claim breaches on behalf of the other.

3. The suit No.1574 of 1980 is filed for declaration that the agreement dated 13th March, 1978 is valid and subsisting, for specific performance of the agreement and in the alternative for certain damages in respect of the construction work carried out by defendant No.2 and ancillary reliefs.

4. Suit No.1301 of 1981 is filed by the society for termination of the agreement upon the breaches of defendant in that suit who is the Plaintiff in Suit No.1574 of 1980. The contractor cla