GREAVES COTTON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C. Kath Hazarika, the learned counsel for the appellant and Dr. B. Ahmed, the learned Standing Counsel for the Irrigation Department, State of Assam, the respondents herein.

(2.) This appeal under section 96 CPC is directed against the judgment and decree dated 21.06.2003 passed by the learned Civil Judge (Senior Division) No.3, Kamrup, Guwahati in Money Suit No. 46/1997, by which the suit filed by the appellant- plaintiff was dismissed.

(3.) The brief facts of the case is that the appellant- plaintiff had instituted the suit for recovery of money amounting to Rs. 8,72,100/- (Rupees Eight lakh seventy two thousand one hundred only) on account of supply of electric pumps to the Irrigation Department, State of Assam. The suit was filed after issuing notice under Section 80 CPC and the appellant claimed interest at the rate of 18% per annum on the claimed amount. The State Respondents contested the claim by filing their written statement, stating that the supplies were incomplete as out of 20 pump sets supplied, 14 of such pumps were supplied without gland pressure plate and necessary holes for fixing pumps on base frames for which bills could not be prepared and therefore, it was stated that the appellants- plaintiffs were not entitled to any relief.