UNION OF INDIA Vs. TARA SINGH KHURAL

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 7-2-98, passed by 9th add1. Distt. Judge, Jabalpur in civil Suit No. 208-B/95 defendant/appellant union of India has filed this appeal challenging the correctness, propriety and validity of the same.

(2.) THE brief resume of the facts required to be stated for disposal of this appeal is as follows:-Plaintiff/respondent who is the proprietor of M/s Tara Singh khural filed a suit against the defendant/appellant for the recovery of rs. 1,76,800/- alleging that the plaintiff concern is engaged in building construction and contractorship. It had been the contractor of Garrison engineer. The plaintiff executed certain works on verbal instructions from various departmental functionaries of the appellant. After the execution of the work, the same was checked by the authorities and part payment was made to the respondent. As the balance payment was not made on demand, the appellant served with a notice but despite notice the payment was not made.

(3.) THE Suit was contested by the defendant/appellant alleging that they have a set procedure for executing contracts such as floating tenders, receiving the tenders, acceptance of tenders, conclusion of contracts, issuance of work orders to contractors for commencing work, supervision of work and completion certificate of work for which Garrison Engineers are the authority. The appellant pleaded that no work order was ever issued to the respondent and no part payment was made to him for execution of the work said to have been completed by him.