NATHOOLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the appellate judgment and decree by the additional Civil Judge. Ajmer dated 1-4-1966 whereby the learned Judge set aside the judgment and decree of the Munsiff, Aimer City dated 31-8-1965 and dismissed the plaintiff's suit for recovery of Rupees 1,500. 70 paise.

(2.) THE plaintiff's case is that his tender for laying 3/4" thick premix carpet on Bijai nagar-Deolia Kalan road was accepted vide letter dated 16-5-1957 by the executive Engineer, P. W. D. (B and R ). Rajasthan. Aimer Division, Aimer. The appellant started the work and while the work was in progress the Assistant engineer-in-Charge asked the plaintiff to lay seal coat and mix 1 cubic foot of sand with 7 Lbs. of hot bitumen. It is alleged that the work of laying seal coat was not included in the original tender and, therefore, the plaintiff first refused to carry out the additional work but on an assurance having been given by the Assistant engineer that payment would be made for extra labour charges and the material, the plaintiff agreed to lay seal coat. The plaintiff has further alleged that he informed the Assistant Engineer. Ajmer by his letter dated 28-3-1958 that an extra sum of Rs. 1. 50 per 100 sq. ft would be charged for the additional seal coat work. On completion of the work the plaintiff charged for the seal coat work at the rate of Rs. 1. 50 paise for 100 sq. ft. in the bill, but the Government paid him at the rate of. 25 paise per 100 sq. ft. only. The plaintiff's case is that he was paid rs. 1,500. 70 less for which after serving a notice under Section 80, Civil P. C. he filed the present suit in the Court of Munsiff. Aimer City, Ajmer. The suit as resisted by the defendant-State of Rajasthan on a number of grounds, but the only ground which now survives for decision of this Court is whether the suit was barred by limitation?

(3.) AFTER recording the evidence produced by the parties the learned Munsiff overruled all the pleas raised by the defendant including the bar of limitation and decreed the plaintiff's suit in full. Dissatisfied with the judgment and decree of the trial Court the State filed appeal which was allowed and the suit was dismissed. Hence this second appeal by the plaintiff.