THE STATE OF PUNJAB Vs. L. MOHAN LALL BHAYANA

JUDGEMENT

(1.) THIS is a rule directed against an order passed by the learned Senior Subordinate Judge of Gurgaon, holding that the liability to pay in the present case was that of the State of the Punjab (East Punjab). The facts which have given rise to this Petition are that the Plaintiff Mohan Lal brought a suit against the State of the East Punjab (now the Punjab) for the recovery of Rs. 30722 -9/ - for work done under a contract in connection with Damdama water storage scheme in the district of Gurgaon. The tender for this work was given by the Plaintiff on 10 -1 -1946 and in pursuance of this tender he commenced his work in the same month which was completed as far as he was concerned in August 1946.

(2.) IN the Court of the Senior Subordinate Judge an objection was taken that the liability to pay was that of the West Punjab Province and the suit could not be brought against the East Punjab State. This objection was overruled and the present Petition is directed against this part of the order. Under the Indian Independence (Rights, Property and Liabilities) Order, 1947, provision is made for determining the liability of the different parts of what used to be British India in regard to contracts entered into before the partition of India. Section 8(3) of the Order provides as follows: