1. This petition purports in have been filed under the provision of Section 115, Civil Procedure Code (hereinafter called the Code) against the order of Sub-Judge II, Simla dated 4-12-1974 whereby the application of Shri Gurdial Singh under Section 151, Civil Procedure Code has been rejected. The petitioner had filed the suit in January 1970, in the Court of the Senior Sub-Judge, Simla against Auckland House School, Simla through its Principal for a money decree of Rs. 3,300/- on the allegations that the plaintiff who is a building contractor had taken the contract for the repairs and construction of several buildings of the defendant and had also received payments on the completion of the works and had also received advance payments. That in the month of December, 1965, the plaintiff was called by the Principal of the defendant school to give estimate for the sanitary work in Belvedere cottage and sanitary work in Belvedere main building. He gave the estimates as under:-

1. Sanitary work in Belve-dere Cottage Rs. 6,300/-

2. Sanitary work in Belve-dere Main Building Rs. 3,000/- The estimates were accepted by the Principal and the plaintiff took the work in hand. He was given a s