STATE OF GUJARAT Vs. SHAH CONSTRUCTION CO

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and decree passed by the learned Civil Judge, Senior Division, Himatnagar, in Special Civil Suit No. 1 of 1961, dated 21st February, 1963. The facts leading to this appeal, briefly stated, are as under :

(2.) THE plaintiff is a registered partnership firm, doing business as contractors. THEy had taken a contract for constructing an asphalt road on National Highway No. 8 from Raigadh to Ratanpur and from Himatnagar to Raigadh, from the Government. Exhibit 41 is the original tender which was signed by one of the partners of the firm and by the Executive Engineer on behalf of the Government.

(3.) DEFENDANT No. 2, State of Maharashtra, filed its written statement, exhibit 20, whereunder also similar contention was raised.