GAFFAR BILAL MEENA Vs. ITAL CONSTRUCTION

JUDGEMENT

(1.) THIS is an appeal by the defendant No2 against the judgment and decree dated 30th March, 2007 passed by the learned Civil Judge, Senior Division at Vasco -da -Gama, Goa, decreeing the suit filed by respondent No.1 in the sum of Rs. 20,87,740/ - together with interest at the rate of 10% p.a. from the date of filing of the suit till date of payment.

(2.) RESPONDENT No.1 was the plaintiff. Respondent No.2 - AIR -O -MEC Engineers was defendant No.1. The appellant and respondent Nos.3 and 4 were defendant Nos. 2, 3 and 4 respectively to the suit. The appellant and respondents No.3 and 4 were the partners of respondent No.2.

(3.) THE plaintiff (respondent No.1) failed to appear. Mr. Thali states that he also failed to appear on the last date of hearing. Mr. Thali further states that the plaintiff has not even filed a Vakalatnama in this Court. I, accordingly, heard the appeal in his absence. It is not necessary to refer to the pleadings and to the evidence, in detail for Mr. Thali, learned Counsel appearing on behalf of the appellant confined his argument to the aspects I will deal with in this judgment. It is sufficient to note only a few facts. The plaintiff, by a letter dated 1st August, 1997, placed a work order with the defendants in respect of certain civil works to be carried out by the defendants. The approximate value of the work was Rs.36,11,425/ - as per the schedule of quantities attached thereto. Paragraph 11 of the letter stipulated that the work was to be completed in all respects by 1st February, 1998.