THE KHALRA CO Vs. PUNJAB STATE

JUDGEMENT

(1.) The plaintiff-appellant, Khalra Co-operative Labour and Construction Service Society filed a suit for rendition of accounts against the Punjab State on the basis of the work done by the plaintiff and for the recovery of the amount due on such rendition of accounts The stand taken by the defendant was that the work done by the plaintiff society upto Sept. 30, 1964 was measured on Oct. 1, 1964, by the department and the same came to 28,500 oft. Thereafter the department deployed the machine in the second week of Oct. 1, 1964. The payment for the actual work was claimed to have been made and that nothing remained due. The trial Cour passed the preliminary decree for rendition of account in favour of the plaintiff and against the defendant. In appeal, the learned Additional District Judge dismissed the suit on the ground that the suit for the rendition of accounts was not maintainable as the plaintiff in the suit was entitled to claim a specific amount due to it. During the pendency of the appeal, Civil Miscellaneous Application No. 692-C of 1979, was moved on behalf of the plaintiff under Order VI rule 17, Code of Civil Procedure, in which it was prayed that the amendment of the plaint be allowed as to claim a specific amount of Rs. 3,042.00, as found by the local commissioner in pursuance of the preliminary decree passed by the trial Court.

(2.) The learned counsel for the appellant submitted that the view taken by the lower appellate Court was wholly wrong and erroneous. The suit could not be dismissed on the ground that the specific amount should have been claimed. If that was so, the plaintiffs suit could be decreed for that amount on payment of Court-fee, if any. In any case, argued the learned counsel, after the appointment of the local commissioner in pursuance of the preliminary decree, the plaintiff society is entitled to recover Rs. 3,042.00 for which the suit be decreed.

(3.) No meaningful argument could be raised on behalf of the respondent State to this application. Consequently this appeal succeeds. The judgment and decree of the lower appellate Court are set aside and the case is remanded to the trial Court for passing an appropriate decree for a specific amount of Rs. 3,042.00, as found by the local commissioner, on payment of the requisite Court-fee. The parties are directed to appear in the trial Court on March 26, 1991. Appeal allowed.