RAJ MALL BHARDWAJ Vs. JAGDISH BHANDARI

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned District Judge, Shimla, in Civil Appeal No. 42-S/13 of 2006, dated 09.04.2007, vide which the learned Appellate Court has partially allowed the appeal filed by the respondent/ defendant against the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Court No. III, Shimla, in Civil Suit No. 90/1 of 2003.

(2.) The present appeal has been admitted on the following substantial questions of law:-

(3.) Brief facts necessary for the adjudication of the present case are that appellant/plaintiff filed a suit for recovery of an amount of Rs.78,752/- on the ground that he was a carpenter and used to work with different contractors as per availability of work and his services were engaged by the defendant, who had undertaken the contract of the construction of NAC building Sunni. As per the plaintiff, for the work which was to be executed by him, the rates were mutually agreed between him and the defendant as enumerated in Para-2 of the plaintiff and the defendant had assured that he shall be making the payments to the plaintiff for the work done by him on completion of the work of the building in issue. Further, as per the plaintiff, he worked for the defendant as a carpenter in the said building from 08.11.2002 till first week of April, 2003. In lieu of the work done by him, amount of Rs.78,752/- became due towards him from the defendant as per the details given in Para-3 of the plaint. His further case was that work stood completed in August, 2003 and thereafter, he asked the defendant to release his payments but despite several requests made in this regard, defendant did not pay him the amount which was due from the defendant. In these circumstances, he was forced to get a legal notice issued to the defendant which legal notice dated 18.10.2003 was issued vide registered post on 22.10.2003 but the same was received back with the remarks "unclaimed". Therefore, on these basis, the plaintiff filed the suit for recovery of Rs.78,752/- alongwith interest.