A.P. Sen, ACJ.-This reference to the Full Bench raises a question of some importance, namely, whether a claim for damages by a contractor for nonpayment of the price of work done arising out of a works contract in standard form containing Clauses (6) and (7), falls within the purview of Article 56 of the First Schedule of the Indian Limitation Act. 1908 or comes within the ambit of Article 115.

2. The Division Bench before which the appeal came up for hearing felt that the point of limitation was one of frequent occurrence and, therefore, there was need for an authoritative decision. It noticed a diversity of opinion between the different High Courts on the question. It referred to two decisions of this Court in Bhawani Shanker vs. State of Rajasthan (AIR 1970 Raj 268) and Tej Singh vs. State of Rajasthan ((1971) 2 W LN 28), which, the Division Bench felt, expressed views which were irreconcilable and, therefore, it was desired that the point should be settled by a larger Bench.

3. The reference being on a point of law, there is no necessity of going into the facts in detail. The material facts briefly are these. By a contract in writing dated 9-12-1957 the State Governmen