NALBARI MUNICIPAL BOARD Vs. NOOR AHMED JILANI

JUDGEMENT

(1.) Heard Mr. D. Choudhury, learned counsel assisted by Mr. N. Ray, learned counsel appearing for the appellant. Also heard Mr. M. K. Sharma, learned counsel representing the respondent.

(2.) This Second Appeal is directed against the concurrent judgment and decree dtd. 3/8/2012 passed by the learned Civil Judge, Nalbari in connection with Money Appeal No.2/2012 partially affirming the judgment and decree dtd. 11/9/2012 passed by the learned Munsiff No.2, Nalbari in Money Suit No.35/2010. The Second Appeal was admitted to be heard on the following substantial questions of law :-

(3.) The sole respondent, as plaintiff, had earlier instituted Money Suit No.35/2010 praying for a money decree for recovery of a sum of Rs.83,340.00 from the appellant/defendant i.e. Nalbari Municipal Board on account of the materials supplied by him. The plaintiff's case, in a nutshell, is that on 21/6/2008, the then Chairman, Nalbari Municipal Board, had issued a work order under Memo No.NMB/PWD/4/2008-09/131 for supply of certain materials for the purpose of construction of a concrete drain at Fakirtola Road, Ward No.5, Nalbari. As per the work order dtd. 21/6/2008, the plaintiff was asked to supply 1st class bricks, 1st class broken brick bats, cement, quarry sand and stone chips. Accordingly, the plaintiff had made those supplies and thereafter submitted a bill for payment of Rs.68,600.00. The Chairman of the Municipal Board had also approved the bill and recommended payment to be made to the plaintiff. However, when the matter was sent to the Administrator of the Board, no action was taken for clearing the outstanding dues of the plaintiff. Situated thus, the plaintiff had issued demand letters (Exts-3 and 4) and thereafter, instituted the Money Suit for recovery of the principal amount of Rs.68,600.00 together with interest calculated at the rate of 9% per annum on the said amount being Rs.14,740.00 thus, totaling to a sum of Rs.83,340.00.