S.M.SAREEN Vs. STATE OF H.P.

JUDGEMENT

(1.) A learned single Judge of this Court (C.R. Thakur, J.) decided civil suit No. 6 of 1975 on March 5, 1979 He dismissed it. Plaintiff Surinder Mohan Sareen has assailed that decree in the present regular first appeal.

(2.) The case with which plaintiff Sareen came to this Court was that he was a Government contractor and submitted an item rate tender, in response to a notice issued by the Executive Engineer, H. P P.W D. Mandi Division, Mandi, calling for tender for the construction of R.C.C. Tee Beam Bridge over Suketi Khad (270 feet span) on Shimla -Mandi road. This tender was accepted by the Chief Engineer, H.P.P.W.D. through his letter dated March 22, 1955 addressed to the Superintending Engineer, First Circle, Shimla, saying t "..... As recommended by you the item rate lowest tender of Shri S. M. Sareen is hereby accepted at Rs. 2,30,172,13 i e. 7 45% above the rate put to tender......" The acceptance of the tender was conveyed to the plaintiff through the Executive Engineer.

(3.) The case of the plaintiff Js that he entered into an agreement with he President of India on March 23, 1955 for the work aforesaid through the Executive Engineer, Mandi Division, Mandi. This agreement it was subsequently discovered, had not been signed by the Chief Engineer HP. P.W.D.