THE STATE OF RAJASTHAN Vs. PARNAMI CONSTRUCTION COMPANY

JUDGEMENT

(1.) HEARD Learned Counsel for the appellant/defendant.

(2.) THIS appeal is against the impugned judgment and decree dated 17.11.1986 by which the learned trial court decreed the suit of the plaintiff/respondent for a sum of Rs. 27,150/ - with interest at the rate of 6% per annum from 20.10.1980. Hence, the State has preferred this regular appeal.

(3.) THE defendants submitted written statement and denied the plaintiff's claim of money, however, after admitting the contract between the parties by specifically admitting paras No. 1 to 8 in the written statement. The defendants' contention is that time was essence of the contract and work of removal of blown sand was not in the work order not the plaintiff removed the said blown stand. The defendants stated that the amount of Rs. 3,541/ - against the plaintiff's final bill is lying with the defendants with security amount of Rs. 15,209/ - totalling to Rs. 18,750/ - and this amount the defendants are ready to pay. The defendants, therefore, denied that the plaintiff's case of Rs. 45,912/ - after admitting their liability of Rs. 18,750/ -. The defendants denied the liability of interest also.