BHASKARGANGULY ALIAS VASKARGANGULY Vs. SUJIT KUMAR GUPTA

JUDGEMENT

(1.) This is a defendants' Letters Patent Appeal preferred under Clause X (ten) of the Patna High Court Rules in a suit filed by plaintiff-respondent, a building contractor, for recovery of a sum of Rs. 54,414.77 paise plus interest @ 11% per annum from the defendants-appellants.

(2.) The factual matrix of the case is that on the request of defendant Nos. 1 and 2, plaintiff-respondent completed a work of repairs and reconstruction of Ratan Talkie under the supervision of Mr. M.D. Birnawe (Architect). There was an agreement that the work was to be done regarding drawing and designing and plan supplied by the defendants. The plaintiff, a contractor of repute has his business in the town of Ranchi. Even after completion of the work the amount was not paid to the plaintiff, hence the suit aforesaid giving rise to present appeal was filed.

(3.) The suit was contested by defendant Nos. 1 and 2, the appellants, who denied the averments in the plaint and pleaded that it was a lump-sum contract for a sum of Rs. 1,40,000/-. The plaintiff himself committed a breach of contract, inasmuch as he neither completed the work within time rather took unreasonable time and failed to comply with the specifications given to him, 4 as a result of which defendants suffered substantial loss. To the extent the work was completed it reflected poor workmenship. The plaintiff was entitled to no relief rather he was liable to pay Rs. 22067.73 paise to defendant Nos. 2 and 3, as set off. The suit was liable to fail.