(1.) THIS first appeal is by the plaintiff aggrieved of the judgment and decree of the trial Court (Court of Third Additional Judge to the Court of District Judge, Morena), whereby the suit of the plaintiff for recovery of Rs. 22,900/- was dismissed.
(2.) THE plaintiffs case, in short, is that defendant/municipal Council, Jaura, by accepting two tenders dated 1-2-1974, and then by order of the Chief Municipal Officer, Jaura, contracted with the plaintiff to execute certain construction work. The agreement was entered into in respect of the two tenders but no agreement was entered into in relation to construction of seven roads, which was given to the plaintiff on 15-1-1975 for 6 roads, and on 22-1-1975 for one road. Part payments were made from running bills, but when after completion of works, the full payments were not made, the plaintiff after correspondence issued notices, the last of which is dated 14-11-1977. After receipt of the notice a cheque of final payment was issued by the defendant on 26-12-1977. According to the plaintiff Rs. 8912. 65 p. remained still due; hence, he instituted a suit on 19-12-1980 for recovery of the suit amount which included compound interest of Rs. 13988/- claimed at the rate of 1. 5% per month on the amount due. The suit was resisted on various grounds. The trial Court dismissed the suit holding that as a notice Under Section 319 of the M. P. Municipalities Act, 1961 (for short, the 'act') was not served on the defendant/municipal Council, the suit was not maintainable. The trial Court also held that the constructions were completed in the year 1975 and suit instituted in 1980 was barred by time. It is against this judgment and decree that the plaintiff has preferred this appeal.
(3.) SHRI J. R. Sharma with Shri Jai Prakash Sharma, learned counsel for the appellant, and Shri R. S. Vajpai, learned counsel for the respondent, were heard.