(1.) The plaintiff of money suit No.107 of 2005 has preferred this first appeal challenging the decree of dismissal passed by the learned Civil Judge No.2 Kamrup, Guwahati on 29.8.2008.
(2.) The pleaded case of the plaintiff is that being a registered 1st Class contractor under the PWD, he was provided with a preliminary work order on 13.11.1995 for repairing of roads. By making security deposit of Rs.18,256/- he entered into formal contract with the defendants and got the work order on 8.1.1996. He completed the work on 1.9.1997 and submitted bill for Rs.8,01,863/-.Defendants made payment of Rs.1,10,000/- but did not make payment of the balance sum of Rs.6,91,863/-. Aggrieved, plaintiff filed a writ petition before this High Court being WP ( C) No. 7227 of 2001 and thereupon this court passed an order disposing of the writ petition with direction to said respondents to make payment of the undisputed amount within 31st July, 2002. Defendants though did not make payment within the stipulated period but ultimately made payment of this amount of Rs.6,91,863/- on 15.12.2004. The plaintiff, thereafter, served a notice on the defendants under Section 80 CPC asking for payment of Rs.18,07,494/- towards interest against the aforesaid principal amount already disbursed and further interest @15.5.% therein till realization.
(3.) On being summoned, defendants appeared and submitted written statement on 27.3.2006 contesting the suit of the plaintiff not only on merit but also on maintainability. According to the defendants, the suit was neither filed in time nor was the same maintainable.