MAHABIR PRASAD RUNGTA IN BOTH THE APPEALS Vs. DURGA DATTA IN BOTH THE APPEALS

JUDGEMENT

(1.) THE following Judgment of the court wasdelivered by:

(2.) MAHABIR Prashad Rungta, appellant in thesetwo appeals, was plaintiff in his own suit and defendant ina counter-suit filed by Durga Datt, the respondent. The twoappeals have been filed on certificates granted by theJudicial Commissioner, Vindhya Pradesh against a commonjudgment and decree of the Judicial Commissioner's court infour appeals filed by the rival parties, two in each civilsuit. Certificate was also granted to the respondent; buthe did not take steps in that behalf, and we are, therefore,concerned only with the appeals of MAHABIR Prashad Rungta.

(3.) IN these two appeals, Rungta challenges (a) the dismissal ofhis suit for damages based on the finding that the breachproceeded from him; (b) the inclusion of Rs. 7,500.00 inrespect of 3,000.00 tons of coal said to have been transportedto the railway yard but not loaded in the wagons; and (c)the award of, and in the alternative the rate of, interest.