STATE OF ORISSA Vs. KRUSHNA CHANDRA SWAIN

JUDGEMENT

(1.) Defendants are the appellants against the decree of the Subordinate Judge, Jagatsinghpur, directing payment of Rs. 1,02,705/- to the plaintiff-respondent in Money Suit No. 6 of 1987.

(2.) The aforesaid suit was filed for realisation of Rs. 9,30,638.88 on the following allegations :-The plaintiff is a registered 'A' Class contractor. On the basis of a tender, he was engaged for construction of "projection work to saline embankment on devi left from Magura nala to Bandara N.D. (8300-M to 9000-M)". After the plaintiff had commenced the work and had completed from RD 8300-M to 8585-M, the work was temporarily stopped and subsequently after obtaining necessary instruction, the plaintiff completed the work as per the agreement. During the execution of the work, the plaintiff was also asked to execute additional work as per the rates and terms and conditions provided in the original F2 agreement. The plaintiff was also instructed to execute some further additional work. It was claimed that though the plaintiff had completed all such work, the measurements of the work were recorded in halfhazardly manner in the measurement book and the final measurement was not done properly nor the amount due to the plaintiff was paid. On the basis of the aforesaid allegations, the plaintiff claimed Rs. 9,30,638.88 paise as per the details in Schedule-A to the plaint.

(3.) The defendant in their written statement claimed that though the work had been entrusted, the plaintiff failed to complete the work within the stipulated period and the work done by the plaintiff was not satisfactory. The allegations of the plaintiff that initial work had been completed, additional work had been entrusted and measurement had not been properly done, were denied. The detailed claim made by the plaintiff in the plaint was denied and it was stated that the plaintiff was not entitled to receive any further amount from the defendants and as a matter of fact, excess payment had been made.