1. This second appeal by the plaintiff is directed against the judgment and decree of the lower appellate Court dismissing the suit mainly on the ground that it was not maintainable. The trial Court had held that the suit was maintainable and decreed it.

2. The appellant is a contractor and admittedly he constructed a quarter for an Assistant Sub-Inspector of Police attached to Harsidhi Police Station District Champaran. for which he had entered into an agreement with the respondent the State of Bihar. The agreement was in Form F (2) and contained the terms and conditions of the contract and the extent and nature of work and the rates. According to the case of the appellant he completed the construction of the said quarter according to the specifications under the terms of the contract and after completing it made it over to the official of the respondent on 15th of July. 1957. The officials of the Public Works Department of the respondent, however, dishonestly began to find fault with the construction. Then the appellant required the Executive Engineer to refer the case to the Superintending Engineer for arbitration of his claims. The appellant admitted that the Superinten