DEORAM TULSHIRAM PATIL Vs. ZILLA PARISHAD NASIK

JUDGEMENT

(1.) APPELLANT/original Plaintiff is a contractor. He undertook to make special repairs of Taharabad Bandhara constructed by the respondents/original defendants - the Zilla Parishad, Nasik. After the work was completed, measurements were taken and final bill for Rs. 2861/- was prepared on 25-3-1970 and was sanctioned on 31-3-1970. But the amount was not paid despite correspondence. Last demand notice was given on 15-5-1970. The Zilla Parishad did not dispute the liability to pay the said amount, but refused to pay saying that the amount was adjusted in the previous arrears due in respect of some other work carried out in the year 1963. Since there was no positive response, ultimately the suit was filed for recovery of a sum of Rs. 2861/- and interest by way of damages.

(2.) THE trial Court decreed the suit holding that there was no justification - legal or factual - for withholding the sanctioned amount. No other point about maintainability of the suit was raised by the defendants either in the written statement or at the time of hearing.

(3.) THE Zilla Parishad appealed against the said judgment and decree. In the Appeal, for the first time, a point was raised that the suit was not maintainable as no notice as contemplated under section 280 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 ("the Act") was given and the suit was not filed within three months from the date of act complained of. The Appellate Court allowed this question to be raised for the first time in Appeal, upheld the point and dismissed the suit only on that ground. Aggrieved thereby, this Appeal has been filed by the Original Plaintiff.