STATE OF BIHAR Vs. CHANDRADEO PRASAD

JUDGEMENT

(1.) judgment dated 20.01.2006 and the decree following thereupon signed on 16.02.2006 by Sri B.K.Singh, the learned Subordinate Judge VII, Biharsharif, Nalanda in Money Suit No.58 of 1999 decreeing the plaintiff- respondent's suit for realization of money.

(2.) he plaintiff-respondent, Chandradeo Prasad filed the aforesaid suit for realization of Rs.2,85,563 alleging that the defendant no.5 in the year 1996-97 issued tender for emergency repairing of road from 33-34 kilometers of Ekangarsarai road and 38-42 kilometers of the same road. The tender of the plaintiff was accepted and two agreements were executed by the parties on 04.04.1996. One agreement is no.2F- 2/96-97 and the other is 10F-2/96-97. The amount of the first contract was for Rs.99,800 and the second was for Rs.99,701. The plaintiff completed the repairing works of the said roads within 15 days and the department of the respondent examined the work of the plaintiff and finding the work to be satisfactory signed the bill. Both the bills were sent to the defendant no.5 for payment. In spite of repeated demands, the defendant no.5 did not pay the bills. Thereafter, the plaintiff sent notice under Section 80 C.P.C. and then filed the present suit.

(3.) The defendants appeared and filed written statement accepting the work done by the appellant. The only objection taken by them in the written statement is that the measurement books were not signed by the concerned Engineers, therefore, the plaintiff's case cannot be accepted. The plaintiff filed writ application before the Hon'ble High Court and on the order of High Court, Liability Committee was constituted. The Liability Committee enquired the work of the plaintiff and rejected the claim, therefore, the suit is not maintainable. They further stated that there was no allotment made.