K. C. DAS GUPTA, CJ.

( 1 ) THIS appeal is from a decision by Mitter, J. In a suit brought by the respondent Khetra Mohan Banerjee, a contractor, against the appellant the Union of India for a sum of money said to be due to him for work done in accordance with a contract, by which the learned Judge after recording his decision on several of the issues has directed a reference for the ascertainment of the amount due and payable by the defendant to the plaintiff, after" (1) ascertaining on evidence the market rate for 145 items of work out of the 170 items done by the contractor; (2) ascertaining the increase in labour charges in respect of the excess quantities of work done under the remaining 25 items; and (3) determining the quantity of work done under the different items on the basis of the measurement books, Exhibit 'c' series, and the correspondence which the plaintiff addressed to the authorities, the Referee being given liberty to rectify "arithmetical and other manifest mistakes. "and ordered payment of interest at 6 per cent on the amount found due from 30-1-47.

( 2 ) BRIEFLY stated the plaintiff's case as mentioned in the plaint was that tender having been invited on beha

Click Here to Read the rest of this document