STATE OF RAJASTHAN Vs. SONI ELECTRIC WORKS

JUDGEMENT

(1.) THIS is an appeal by the defendant -State of Rajastha'n against the judgment and decree of the Additional District Judge No. 2, Jodhpur, dated 24.3.72 in a suit for the price of the work done by the plaintiff.

(2.) MESSRS . Soni Electric works is a concern whose sole -proprietorlis Amritlal. The Public Works Department, Govt. of Rajasthan invited tenders for electrification of the Rajasthan Armed Constabulary Building. The tender submitted by Messrs. Soni Electric Works for Rs. 11490/ - was accepted by the State of Rajasthan on 23 -3 -64. The contractor was to the paid this amount on the completion of the work. The contractor was however asked to do some extra work which was also completed on 7 -4 -65. During the progress of the work, the contractor was supplied material worth Rs. 7500/ -. When the contractor was not paid for the work done by him, he after notice Under Section 80 C.P.C. filed a suit out of which this appeal has arisen, on 26 -8 -68, for the recovery of the following amounts:

(3.) ON the second point, the learned Deputy Government Advocate was not able to lay his hands on any term of the agreement by which the contractor undertook to pay sales -tax on the material received by him from the Government. There is also no material on the record to show as to how much sales -tax was payable and was paid by the Government on the goods supplied to the plaintiff.