HARJIT SINGH Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) Present regular second appeal, at the hands of defendant No. 4, is directed against the impugned judgment of reversal dtd. 2/5/2016, whereby first appeal of the plaintiff was allowed, judgment and decree dtd. 3/10/2015 of the learned trial Court were set aside and suit for recovery filed by the plaintiff was decreed by the learned first appellate Court.

(2.) Brief facts of the case, as noticed by the learned first appellate Court in para 2 of its impugned judgment, are that plaintiff department brought suit for recovery of Rs.9,56,325.00 i.e. Rs.7,77,500.00 as principal and Rs.1,78,825.00as interest on the grounds that sewerage/water pipes were laid down near Bus Stand, Sri Muktsar Sahib by defendant No. 3 and the contract was given to defendant No. 4 for installing the sewerage pipes. Plaintiff also alleged that the suit had been instituted by competent person and defendants No. 1 to 3 were also legal entities. Plaintiff given the details of loss as under :

(3.) The total loss of both these days came to be Rs.7,77,500.00. Plaintiff alleged that the damages were caused to the underground cables by the defendants, as they had failed to perform their duty with care and caution and also negligent. Plaintiff further alleged that the total damages caused by defendants worked out to be Rs.7,77,500.00 and plaintiff was also entitled for interest @1% per mensum, which came to Rs.1,78,825.00 and totaling Rs.9,56,325.00. Plaintiff also served notice upon defendants under Sec. 80 of CPC, but to no avail. Plaintiff also alleged that they had requested the defendants to make the payment, but they had failed to pay the same. Moreover, this Court had jurisdiction as the works had been executed in City Sri Muktsar Sahib. Plaintiff also averred that various notices were issued to defendants to make payment to the tune of Rs.6,37,000.00 and Rs.1,40,500.00, but they had failed to pay the amount. Plaintiff instituted suit before the learned lower Court on these grounds.