SECRETARY (PWD) AND OTHERS Vs. KESHAV RAM

JUDGEMENT

(1.) It is not in dispute that the suit filed by the respondent/plaintiff for recovery was partly decreed by the learned trial Court for recovery of Rs.7,02,120.00 in favour of the plaintiff.

(2.) The defendant-State preferred an appeal before the learned first appellate court whereby it affirmed the decree so passed by the learned trial Court in favour of the plaintiff. However, the manner in which the decree has been affirmed, leads much to be desired.

(3.) One of the main questions to be determined in the appeal was with respect to the quantum of damages, if any, the plaintiff was entitled to. The learned trial Court had on the basis of the reasonings as recorded in paras 29 and 30 of its judgment passed the aforesaid decree. It shall be apposite to refer to the aforesaid paragraphs 29 and 30, which read thus: