JUDGMENT :

1. This litigation is between a statutory Corporation being a wholly owned Government Company under the provisions of the Companies Act, 1956 and a private individual. In this litigation, the public exchequer of approximately an amount of Rs.700/- Crore is at stake. Having regard to the high stake involved in this litigation, it was expected of the appellant Corporation to pursue this litigation very seriously, but unfortunately, it realized its seriousness only after the matter reached to this High Court by way of the present second appeal under Section 100 of the CPC (for short “the CPC”). It was also expected of the Trial Court and the First Appellate Court to conduct this litigation in a proper manner with all seriousness having regard to the public exchequer involved, but unfortunately, even the two Courts below dealt with this litigation in a very casual and slipshod manner.

2. This second appeal under Section 100 of the CPC is at the instance of the original defendant No.1, namely, Sardar Sarovar Narmada Nigam Ltd., and is directed against the judgment and ord