1. The short and the only question of law that arises for consideration in this appeal is the effect of non filing of appeal in the connected suit tried together with common issues.

2. The appellant filed a suit for recovery of certain amount due to it on the supplies made by it to the respondent-Corporation. Whereupon the respondent-Corporation filed a suit for recovery of the excess amount paid by it to the appellant. The claim of the appellant was that it was entitled to invoice price whereas according to the respondent the Corporation was not liable to pay in excess of D.G.S. & D contract rates. Both the suits were connected and tried together as the nature of dispute in both the suits were same. Issues framed were also common. The trial court found that the Corporation was liable to pay for the goods supplied to it by the appellant only at D.G.S. & D contract rates. Even on this finding the claim of appellant was found substantiated for a part and consequently the suit was decreed to that extent. The suit of the Corporation was also decreed in part and it was directed that in respect of supplies where the payment had been made in excess of D.G.S. & D rates, the resp