RANDHIRDEB ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal by the plaintiffs. The plaintiffs who are the partners (some are the heirs of deceased partners) brought this suit for compensation for an amount of Rs.64,562.61.

(2.) The case of the plaintiffs was that the plaintiffs No. 1 and 2 and the predecessor of the plaintiffs No. 3 and 4 were carrying on a partnership business under the name and style of Messrs Mamani Construction having its office at Chandmari Road, Silchar. The said partnership business was unregistered one. One of the partners i.e. Subinay Deb Roy died bachelor on 12.11.87 and as such the plaintiffs No. 3 and 4 are his heirs being the brothers of the deceased. That during the life time of Subinay Deb Roy, he alongwith plaintiff Nos. 1 and 2 in the name of their firm Messrs Mamani Construction submitted tender for the purpose of construction of Water Treatment Plant at Manipur Water Plant under Water Supply Scheme GR No.2 in pursuance to a tender published by the defendant No. 2. The tender was accepted and the work order was issued in the name of the above mentioned firm. The work was to be completed within a period of three months but it is alleged that due to the fault on the part of the defendant, the work could not be completed in time and thereafter the work was cancelled in the year 1987 and the work was allotted to some other person. Hence the suit was filed claiming compensation as mentioned above on the plea that the cancellation of the work was arbitrary and plaintiff/contractors suffered financial loss in such cancellation.

(3.) A written statement was filed where it was stated by the defendants that the contract was cancelled by following due process of law and the plaintiffs have not suffered any loss because of such cancellation. In the suit as many as six issues were framed, they are as follows: