P.C.ANAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Plaintiff has filed the appeal against judgment, decree dated 23.8.1999 passed by Hon'ble Single Judge in Civil Suit No. 16 of 1986 dismissing the suit.

(2.) The facts, in brief, are that the Appellant had filed a suit for rendition of accounts against Respondent. On 17.8.1987 Hon'ble Single Judge directed the Appellant to amend the plaint suitably praying for recovery of specific amount. The Appellant amended the plaint and prayed a decree of Rs. 23, 67,539.92 with future interest from 16.9.1984 till payment.

(3.) The brief facts are that a contract for working of lot No. 17 of 1980-82 for Rs. 33,50,000/- and lot No. 21 of 1980-82 for Rs. 22,50,000/- of Bharmour Forest Division earlier known as upper Ravi Division was awarded to Appellant and the agreements of both the lots were executed on 14.2.1980 between the parties. The Appellant could not complete the work as per the time fixed in the agreements, he could not pay the royalty etc. in time of both the lots, time for payment was extended but Appellant could not pay the amount even in the extended period, he requested for further extension of time till 28.2.1984 which was refused by Respondent.