( 1 ) THIS order shall govern the disposal of Misc. (First) Appeal No. 209 of 1970, (Pannalal Malviya v. The Heavy Electricals Ltd. Bhopal) also. These appeals are directed against the same order (wrongly described as a judgment) dated 3-91970, passed by the Third Addl. District Judge, Bhopal in Civil Suit No. 1-A of 1970.

( 2 ) THE Heavy Electricals Ltd. , which is a Government undertaking, but which is a separate corporation having its separate legal entity, gave a contract for the work of filling certain area. Under the agreement the contractor was to be paid 3% above the rate of Rs. 00. 80 paise per cubic meter for morum or sand spreading, including dressing 50 meters lead, and 1. 5 meters free lift The extent of work done as also the rate at which the payment was to be made were points of dispute between the parties. When the contractor submitted the final bill, the Heavy Electricals deducted an amount of Rs. 17. 169. 52 paise.

( 3 ) THE plaintiff Pannalal's contention was that he, had done the work of 23,334. 47 cubic meters. The defendant alleged that the work done was of 8041. 03 meters. Thus, the extent of the work involved a sum of Rs. 2309. 64. The second point