STATE OF ORISSA Vs. RAJENDRA SINGH BHATIA

JUDGEMENT

(1.) THE State of Orissa is the appellant against the judgment and decree passed by the learned Sub Judge, Rairangpur in a Money Suit beating No. 1 of 1978 directing the State to pay a sum of Rs. 29,52435 paise along with proportionate cost.

(2.) THE factual matrix leading to this appeal is as follows: The respondent was the plaintiff in the trial court and had taken a Forest contract relating to Tinadiha (F. S. S. W. (Coupe No. XV1I/2 D.L. No. 6/1970 71) coupe in Karanjia Division in auction sale. An agreement was executed between the plaintiff and the Chief Forest Conservator of Forests and it was agreed that total amount of Rs. 1,15,100 would be paid by the plaintiff in four instalments.

(3.) THE defendants filed their written statement in the trial court by indicating that the plaintiff deliberately delayed' in paying the money as a reason whereof, the forest contract expired its term. The plaintiff did not apply for extension of time within the contractual period and for that reason they did not extend the time and otherwise also it is discretionary for them either to extend the time or refuse the same and the plaintiff not having acted bona fide, therefore, they are within their limits to refuse such extension.