MUNICIPAL CORPORATION Vs. SURINDER KUMAR

JUDGEMENT

(1.) In present case a suit, filed by respondent/plaintiff, for recovery of '6,13,100/- on account of amount due for the additional works done by him during performing the works awarded to him vide letters No. MCS/XEN/3730/RB/08-2400 and MCS/XEN/3730/RB/08- 2402 dated 5.12.2008, has been decreed by learned Civil Judge (Senior Division), Shimla vide judgment dated 18.11.2014, whereby plaintiff was held entitled to recover '4,50,000/- along with costs of '1100/- and interest @ 8% per annum from the date of filing the suit till realization of entire decreetal amount.

(2.) The judgment and decree passed by learned trial Court was assailed by both the parties. Appellant-Defendant had preferred Civil Appeal under Section 96 of the Code of Civil Procedure, whereas respondent/plaintiff had filed Cross-Objections therein for grant of interest @12% per annum, as claimed in the plaint, instead of awarded interest @8% per annum. The appeal as well as cross-objections were dismissed by learned Additional District Judge-II, Shimla vide common judgment dated 2.1.2016.

(3.) Thereafter appellant/Municipal Corporation has filed the present appeal, whereas respondent/plaintiff has not assailed the dismissal of his claim qua the interest part.