1. In the suit out of which this appeal arises the plaintiff alleged that the State of Bihar required bricks, Jhama and brickbats for the construction of (1) Muzaffarpur-Hajipur Road, (2) Muzaffar-Border Champaran-Sagauli Road, (3) Buildings at Muzaffarpur, (4) Buildings at Darbhanga, and (5) Buildings at Lohata (Motihar). The plaintiff offered tenders in response to the notification by the Public Works Department for supply of bricks etc. for the execution of the aforesaid schemes. The tenders of the plaintiff were accepted and accordingly bricks were laid and the necessary process for the supply of materials was taken in hand by the plaintiff. It is said that one of the terms of the contract between the parties was that the Public Works Department would arrange for the supply of the proper quantity of coal for burning the bricks in various kilns. The defendant, however, failed to fulfil this part of the contract with regard to the supply of the requisite quantity of coal. As a result of this the bricks were not burnt and a huge quantity of imburnt bricks was damaged and destroyed by the rains which caused considerable loss to the plaintiff. The plaintiff, therefore, broug