DIRECTOR GENERAL OF POLICE Vs. BIJOYA DAS

JUDGEMENT

(1.) THIS first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 05.06.2008 and 19.06.2008 respectively, passed by learned Civil Judge, Sr. Division, Court No. 1, West Tripura, Agartala in Money Suit No. 37 of 2003.

(2.) HEARD learned counsel Mr. Niharendu Majumder for the appellants and learned counsel Mr. D.K. Biswas for the respondent.

(3.) THE defendant -appellants (hereinafter mentioned as defendants) contested the suit by filing written statement denying all the averments made in the plaint and contended that there is nothing to show that any codal formalities were observed and any work order was issued by the competent authority to the plaintiff to execute the works on emergency basis. SDPO never instructed the plaintiff to execute any such work at Abhicharan camp of 26 Assam Rifles. There was no contract between the plaintiff and the defendants for execution of any work in writing. Since no codal formalities were observed and no work order was issued, the plaintiff is not entitled to get any relief in the suit. It is further contended that SP, West Tripura, vide Office Order No. 1(17)/SP/PS/W/98/1764 -69 dated 14.12.2001 constituted a committee consisting of Sr. officers of the police department and they verified the works alleged to have executed by the plaintiff and submitted their report in writing on 29.06.2002 observing that the works executed by the plaintiff was valued at Rs.1,76,498/ - and that the claim made by the plaintiff of Rs.7,31,660/ - was not at all justified. It is also contended that before inspection of the work by the committee, Addl. SP(Urban), West Tripura also assessed the works and found that the works executed was valued about Rs.1,91,298/ -. It is contended by the defendants that the plaintiff did not execute the work valued Rs.7,31,660/ - and no proper measurement as alleged was recorded and so the plaintiff is not entitled to get a decree of the amount claimed and the suit is liable to be dismissed.