STATE OF ORISSA Vs. ADIKANDA PATRA

JUDGEMENT

(1.) State of Orissa, the defendant in Money Suit No. 12 of 1979, has filed this appeal against the decision of the Subordinate Judge, Kondrapara, decreeing in part the suit for realisation of money filed by the plaintiff-respondent. Cross-objection has been filed by the plaintiff-respondent claiming further amount.

(2.) The plaintiff is a Contractor. He filed the suit for realisation of Rs. 1,66,179/- along with pendente lite and future interest. It is his case that pursuant to a Tender Notice floated by the Executive Engineer, Irrigation Division, Kendrapara, for closing the breach in the feeder channel of Gobari Canal, he was telegraphically directed on 4-12-1975 by the Executive Engineer to start the earth work immediately for closing the breach. Pursuant to the said telegraphic instruction, the plaintiff undertook the work and subsequently the work was stopped on 12-1-1976 after receipt of telegram from the very same Executive Engineer. The work which was already done by the plaintiff was measured on 13-1-1976 and entered in the Measurement Book. The plaintiff claims that out of total sum of Rs. 2,57,381/- payable to him on account of the work done, a sum of Rs. 91,202/- had been paid and he was entitled to get the balance amount from the defendant. Though he approached the defendant on several occasions, the amount was not paid and accordingly, a notice under Section 80, Code of Civil Procedure, was issued to the Executive Engineer, Irrigation Division, Kendrapara, and other authorities for payment of the balance amount, but in vain. Ultimately, the plaintiff was forced to file the suit.

(3.) The defendant, apart from challenging some of the averments relating to the extent of work done and the amount claimed, took the plea that the suit was barred by limitation and it was further pleaded that the notice issued under Section 80, CPC was defective.