( 1 ) THIS appeal is directed against the decree for Rs. 1,44. 549. 87 passed in Suit No. 2566 of 1947 of this Court. The Trial Court directed the appellant, who was the third defendant, to pay the full costs of the suit to the respondent Mr. Goswami who brought that action and half cost to the respondents 2 and 3 who were the other defendants in the Court below.

( 2 ) THE Indian Tea Association is an incorporated association of members. The respondents 2 and 3 are the members of this Association. Mr. Goswami used to act as a contractor under the Association.

( 3 ) ON September 3, 1947. Mr. Goswami filed the above suit against the Dominion of India and the other respondents on these averments made in ihe plaint. In 1944. the Association appointed him as a contractor to do excavation and earthwork for an aerodrome including the construction of drains in connection with Project known as Misamary Project in Assam. The Association agreed to pay him for those works at the rate which he was getting from the Association in connection with the work done by him at Derpoan in Assam. In January 1944 he commenced the said work and completed it in July 1944. The Association have refu