BHARUCH NAGAR SEVA SADAN Vs. AKBARBHAI BHAVSANGBHAI RAJ

JUDGEMENT

(1.) THIS appeal, under Section 100 of the Code of Civil Procedure, is at the instance of original defendant has filed Regular Civil Suit No. 361 of 1998 for recovery of Rs 46400/.

(2.) ON appreciation of evidence available on record the trial court found that the plaintiff installed and connected of old pipe line by 'Bend and 'Reducer' and therefore the plaintiff is entitled to payment for 'Bend and Reducer' calculated by the plaintiff on the basis of per piece and not of entire work of 'Bend and 'Reducer. Accordingly the suit of the plaintiff was allowed and the plaintiff was held entitled for Rs 44,400/ as Rs 2,400/ was deducted on account of delayed work of the plaintiff. The recovery of the said amount was allowed by the Courts below with simple interest @ 6% per annum from the date of filing of the suit.

(3.) THE only question which was argued by learned advocate for the appellants was that the Courts below had failed to interpret and construe the quotation of the plaintiff for the work of ' Bend' and 'Reducer'. As per the submission made by Mr. Shah for the appellant the price quoted by the plaintiff in its quotation of Rs 21,000/ was for doing entire work of 'Bend' and 'Reducer' and not on the basis per piece work of 'Bend and 'Reducer'. Learned advocate for the appellant therefore urged that this Court may raise substantial question of law to the effect that :