CHHAKOOLAL BANSAL Vs. NAGAR PALIKA MORENA

JUDGEMENT

(1.) THIS is a plaintiff's revision from a decree of dismissal of the plaintiff's suit by Civil Judge Class I. Morena

(2.) THE plaintiff's case was that he had constructed a drain in pursuance of a written order by the President. Nagar Palika Morena, and it was agreed between the parties that the plaintiff would be paid for constructing the drain at the rate of Rs.8.60 per running metre. It is alleged by him that he completed the construction within 15 days measuring 23 metres in length and that the measurements were verified by the Overseer of the Municipality, Since the cost of construction was not paid to the plaintiff, be served a notice on the defendant and thereafter brought the persent suit for recovery of Rs. 220.18.

(3.) IN my opinion, the judgment of the lower Court is not sustainable inasmuch as it has been given in disregard of the provisions of section 65 and section 70 of the Contract Act There has been a string of rulings of the Supreme Court on the point and I may, here, usefully make reference to some of them.