RAMLAL MISTRY Vs. COMMISSIONERS OF TEKARI MUNICIPALITY

JUDGEMENT

(1.) This is an appeal by the heirs of the sole plaintiff Chamari Misery, who the during the pendency of the appeal in the lower appellate Court and whose suit for recovery of Rs. 1,552/13/- on account of price of goods supplied to the defendant municipality and for works done by him for the defendant has been dismissed.

(2.) The plaintiff was a professional contract tor, and his case was that he was given several contracts for doing a number of works tor the defendant Municipality at different rates and for different amounts. In course of the works, done, in pursuance of above contract, the plaintiff's dues amounted to Rs. l,335/2/- which were not paid to him, and therefore, he instituted, the suit for recovery of the same together with interest and cost of notices, and the total claim came to Rs. 1,552/l3/- as stated above. In the plaint, he has given a list of the different items of work with specific amount of labour charge for each item and the different materials, supplied by him with specific cost for each of them, and the total number of all these items is 30. Item Nos. 1 to 17, 20, 24, and 25, are the different items of work done by the plaintiff for the defendant. Items Nos. 18, 19, 21, 22, 23, 26, 27, 28, 29 and 30 contain the list of different materials supplied by the plaintiffs to the defendants.

(3.) The defendant Municipality contested the suit mainly on the ground that the claim of the plaintiff was barred by limitation. There were other pleas also taken but it is not necessary to refer to them because the present appeal will have to be dismissed on the ground of limitation alone.