( 1 ) THIS is an appeal by the defendant State of Punjab against a decree directing an enquiry as to the amount due and payable to the plaintiff Company in respect of their claim as mentioned in paras. 6, 7 and 8 of the plaint.

( 2 ) UNDER paragraph 6 of the plaint the plaintiffs claimed a sum of Rs. 31,949-12 as. on account of excess deductions from running bills and under paragraphs 7 and 8 of the plaint they claimed a sum of Rs. 3,35,211-12 as. on account of the price of work done, refund of security deposit and damages as in the schedule to the plaint. The claim for damages as mentioned hereafter has been abandoned and given up before us. The plaintiff's claim as it stands now is for the refund of the security deposit and for the price of work done under the contract between them and the defendant. Under the contract the plaintiffs undertook to construct for the defendant a broad guage Railway tunnel on the Bhakra Nangal Canal Railway. The contract was between the plaintiffs, a limited company having then its registered office at D5, Clive Buildings in the town of Calcutta and the Punjab Government having then its Head Quarters at Simla. The tender was submitted