GOURI SHANKAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS second appeal by the plaintiff is directed against the judgment and decree of the lower appellate Court dismissing the suit mainly on the ground that it was not maintainable. The trial Court had held that the suit was maintainable and decreed it.

(2.) THE appellant is a contractor and admittedly he constructed a quarter for an Assistant Sub-Inspector of Police attached to Harsidhi Police Station District Champaran. for which he had entered into an agreement with the respondent the State of Bihar. THE agreement was in Form F (2) and contained the terms and conditions of the contract and the extent and nature of work and the rates. According to the case of the appellant he completed the construction of the said quarter according to the specifications under the terms of the contract and after completing it made it over to the official of the respondent on 15th of July. 1957. THE officials of the Public Works Department of the respondent, however, dishonestly began to find fault with the construction. THEn the appellant required the Executive Engineer to refer the case to the Superintending Engineer for arbitration of his claims. THE appellant admitted that the Superintending Engineer made an award but that according to him was haphazard and thus vitiated, perverse and unjust. Having failed in his attempt to pursue the Executive Engineer to finalise his accounts and make payment he instituted the suit for accounts.

(3.) THE aforesaid decisions, however, now stand overruled by the decision of the Supreme Court in Satish Kumar v. Surinder Kumar, AIR 1970 SC 833. THE decision of this Court in Seonarain Lal's case was expressly overruled. THE other two decisions have not been referred to in the decision but they also stand impliedly overruled. His Lordship Sikri. J. fas he then was) who delivered the main judgment quoted from another judgment of the Supreme Court in Uttam Singh Dugal and Co. v. Union of India, (Civil Appeal No. 162 of 1962. D/- 11-10-1962 (SC)) the following passage :