DEVENDER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The plaintiff filed the suit giving rise to the present appeal for recovery of Rs. 63,830/- for the work done for the defendant with pendente lite and future interest and for recovery of Rs. 30,480/- for damages on account of breach of contract. The details of the amounts claimed are mentioned in Annex.-A to the plaint.

(2.) For deciding the claim since the details are not required to be given excepting that of damages, we refrain from mentioning the same. The sum of Rs. 30,480/- claimed as damages can be divided into two heads. One of them covers Rs. 20,480/-, the details of this amount are given in Annex.-A to the plaint. The balance amount of Rs. 10,000/- was claimed for the delay in the disposal of the application made by the plaintiff for extension of time. The plaintiff claimed that the application for extension was made on 4-9-1967 but was finally rejected on 14-2-1968. Because of the delay or belated disposal, five months and 11 days were spent. He claimed that had the department given this refusal with regard in extension of time just at the expiry of the stipulated period, the plaintiff would have been able to get some work else where and would have executed work worth Rs. 1,00,000/- and would have easily earned Rs. 10,000/- as profit. This loss of Rs. 10,000/- to the plaintiff during the period of 5 months, which was wasted due to non communication of decision with regard to the extension on the part of the department is also due from the department, for which the plaintiff is also entitled.

(3.) The suit was contested by the defendants denying the liability. The defendants claimed that neither was the plaintiff entitled for the work done as claimed by him nor towards damages.