( 1 ) THIS appeal arises out of Civil Suit No. 27-B of 1958 instituted in the Court of iiird Additional District Judge, Bilaspur, by the appellant firm against the respondent firm for the recovery of Rs. 11168-12-0 as damages for breach of contract. There is also another appeal (First Appeal No. 209 of 1959) which arises out of Civil Suit No. 26-B of 1958 instituted by the same plaintiff-appellant firm against a different defendant partnership firm Nandlal Radhakishan for the recovery of Rs. 10182-11-0 as damages for similar breach of contract. Both the suits were dismissed by the trial Court.

( 2 ) THE questions for consideration in both the appeals are identical, though the suits were based on different contracts. The evidence for both the cases was recorded in Civil Suit No. 26-B of 1958. This judgment shall therefore govern the disposal of both the appeals.

( 3 ) IN the body of this judgment we are referring to the facts of Civil Suit No. 27-B of 1958. Reference to documents will have to be construed to the corresponding documents in the other case (Civil Suit No. 26-B of 1958 ). Express reference to them for the disposal of the other appeal is not necessary.

( 4 )