STATE OF GUJARAT Vs. D H GAJJAR

JUDGEMENT

(1.) FIRST appeal has been filed by the State Government challenging a judgement and decree dated 30.4.1985 passed by the learned Civil Judge(SD) Narol, in Special Civil Suit No.165/1981. We may at the outset record few relevant facts :

(2.) SINCE certain claims were either totally or partially rejected, the contractor has also preferred cross objection. However, learned counsel Shri G.T. Dayani for the contractor did not press for any of the cross objections. In that view of the matter, we have confined our focus on the State appeal and with respect to judgement and decree passed by the learned Judge of the Civil Court insofar as the same is against the appellant.

(3.) THOUGH as many as 10 main issues and several subsidiary issues were framed by the trial Judge, our inquiry in the present appeal can be principally divided in two parts. First would be, whether the contractor was entitled to any compensation from the Government? Within this broad heading, large number of issues shall have to be discussed which issues essentially overlap. Second part of our inquiry would be depending on our answer to the first question. To what extent, if at all, the contractor can claim compensation from the Government under different headings? The trial Court had examined as many as 29 different claims putforth by the contractor. Many of these claims have been allowed in entirety. Some have been allowed in part and some have been rejected. We would in the later portion of the judgement advert to all these claims and give our own findings individually.