TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated August 12, 1969, passed by the learned District Judge, Bhilwara.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under : The State of Rajasthan through the Executive Engineer, PWD, at Udaipur and the Executive Engineer, PWD at Bhilwara invited tenders for the construction of several items of work for the metalled road from Mile No. 30 to 34 and 34 to 38. The plaintiff's tender being the lowest @ 11% above the 'G' Schedule was accepted at Bhilwara, with the prior sanction of the Chief Engineer, PWD on 11 -2 -1958. Contract agreements for the two works, Ex.A -5 and Ex.A -6 were duly executed from both the sides. On 1C -2 -1958 the work order was issued with a direction that the road construction was to be completed by 14 -2 -1959. This is the admitted position of the parties.

(3.) IN the written statement, defendant denied the allegations of delayed payment, incorrect measurements and non -cooperation by the Department. It was also stated that the payment has already been made for the entire work done by the plaintiff. That, as the plaintiff could not complete the work, the remaining work was not done from other agencies for which separate tenders were invited and accepted at the rate of 26% above 'G' Schedule rate. The difference of the rate sanctioned to the plaintiff was to be realised from him as per agreement. As the plaintiff did not complete the work despite notice served upon him in that regard, the penalty at the rate of 10% had been imposed as per agreement. The claim of the plaintiff was denied and it was prayed that the suit be dismissed with costs.