R. N. MISRA, J.

( 1 ) THE plaintiff is in appeal. The learned Subordinate Judge rejected an application for interim injunction pending disposal of the suit. The suit that is pending is for perpetual injunction restraining the defendants-respondents from proceeding with certificate Case No. 964-C-II-1962 before the Certificate Officer. Kamakshanagar. The plaintiff was a construction contractor and had undertaken to lay roads and raise buildings under the Sub-Divisional Officer of Kamakshanagar on behalf of the tribal and Rural Welfare Department of the State Government. There were two registered instruments and one unregistered instrument in respect of 5 of the items of work and in respect of the last item there was no document at all. The contracts were terminated and extension of time was not allowed, but later on the contractor's representation the orders rescinding the contracts were withdrawn. Time was extended till 30-5-61, but as the contractor did not complete the works as Per the contracts penalty was levied and costs of material were ordered to be recovered alone with interest. The impugned certificate case for recovery of Rs. 1536. 47 was initiated. The plaintiff filed t