AJIT CH. GHOSH Vs. THE EXECUTIVE ENGINEER, PWD, NORTHERN DIVISION, THE SUPERINTENDING ENGINEER, PWD, KUMARGHAT, THE ENGINEER-IN-CHIEF, PWD, GOVT. OF TRIPURA AND THE STATE OF TRIPURA, REPRESENTED BY SECRETARY

JUDGEMENT

(1.) THIS second appeal under Section 100 of C.P.C. is directed against the judgment and decree dated 18.12.2004 passed by learned Additional District Judge, Dharmanagar, North Tripura, in Money Appeal No. 1 of 2004, whereunder, the learned Additional District Judge affirmed the judgment and decree of dismissal dated 03.07.2004 passed by learned Civil Judge, Senior Division, Dharmanagar in Money Suit No. 1 of 2003. Heard learned counsel, Mr. D.K. Biswas for the appellant and learned G.A., Mr. T. Datta Majumder for the respondents.

(2.) THE second appeal has been admitted for hearing on the following substantial questions of law:

(3.) THE respondents(hereinafter mentioned as defendants) contested the suit by filing written statement, inter alia stating that no such order for any extra work was given by the Executive Engineer(defendant No. 1) and the plaintiff never performed any such extra work beyond the stipulated work of the agreement and so there was no question of making payment of any amount towards doing of any extra work.