MODI BROTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This First Appeal has been filed by the plaintiffs-appellants against the judgment and decree dated 28.07.1979 passed by Sri Budhdeo Narayan Sinha, the learned 3rd Additional Subordinate Judge at Sasaram in Money Suit No.173 of 1966/1 of 1979 dismissing the plaintiffs-appellant's suit for realization of money amounting to Rs.1,61,463.23.

(2.) The plaintiffs-appellants filed the aforesaid money suit no.173 of 1966/1 of 1979 alleging that in September, 1962, tender was invited by the respondent for the work of bolder pitching in apron and slop on Western Guide Bank Barrage Project, Indrapuri, Dehri-on- sone, Sahabad, Bihar. The plaintiff's tender was accepted by the respondent on 12.09.1962 and a contract was signed and work order was issued on 18.10.1962. Both parties entered into agreement dated 10.11.1962. Pursuant to the said contract, the plaintiffs went to the site with his staffs on 06.12.1962 but plaintiffs were allowed to commence the work only on 26.12.1962. The plaintiffs completed the work on 24.07.1963. The defendant did not take the progress work measured and paid only Rs.5,49,086 from time to time against the value of work of Rs.6,93,681.23. There were some short measurement and in some cases no measurement at all and in some cases, there were less measurement i.e. relating to item nos.2 and 3 and there were no measurement relating to item nos.4 and 5 of the contract. The plaintiffs were put to loss due to the fault and negligence of the defendant employees and the plaintiffs were not responsible for the loss suffered by the defendant for which compensation was claimed in the bill. Deductions were made from the security amount and still Rs.22,000 security deposit is with the defendant. The plaintiffs are entitled to get back the same also.

(3.) The plaintiffs served notice under Section 80 C.P.C. on 24.05.1966 and thereafter, receiving the notice, Executive Engineer sent a cheque for Rs.5100.32 with respect to the security deposit. Accordingly, the plaintiffs filed the suit for realizing the aforesaid amount.