STATE OF BIHAR Vs. SGHEYASUDDIN

JUDGEMENT

(1.) THIS appeal arises out of Money Suit No. 2 of 1978/79 of 1972 dated 12.11.1979 passed by the Additional Sub -Judge -IV. Gaya by which he has decreed the plaintiff's suit. The plaintiff had filed the suit praying therein that the court may grant him a decree of Rs. 17,560/ - and direct the State authorities to return the earnest money and has also filed the suit for payment of Rs. 62,658.43 paise as cost incurred by him for performing the work in question.

(2.) THE plaintiff's case is that he is a contractor and runs a business in the name and style of S. Nizamuddin & Sons having its Headquarters at Gaya. The defendant no. 2 invited a tender for construction of a submersible bridge over river Dhanrajay on Gaya -Fatehpur -Sirdalla Rajauli Road at an estimated cost of Rs. 3,86,630/ -.

(3.) IT is also the case of the plaintiff, that when he started the excavation of the river bank, he found that he was unable to do the digging work, and as such, he got boring test done and found that up to the depth of 18 feet the sand was purely water charged and thereafter it was sandy clay. Hence, in order to secure stability of the bridge he recommended for construction of foundation trenches which had to go down to at least the sandy clay level. For the aforesaid purpose of getting the boring test done and the initial work, he spent a sum of Rs. 60,000/ -. The amount spent by the plaintiff has been given in details in the plaint.