HOTCHAND MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGEMENT :- This is an appeal under O.43, R.1(a), C.P.C. against the judgement of Additional District Judge No. 1, Jaipur City, dt. 2nd Nov. 1971 holding that the Court of Additional District Judge No. 1, Jaipur City had no jurisdiction to try the suit as no cause of action accrued to the plaintiff within the jurisdiction of the Court and returning the plaint for presentation to the proper Court.

(2.) Plaintiff M/s. Hotchand Mool Chand is a registered partnership firm and are registered as 'B' Class Contractor. Tenders for the construction of Dantiwara Irrigation Project in Jawai Canal project in (Eirenpura Road) were invited. The plaintiff offered its tenders and the same were accepted and the plaintiff executed the work within time, in terms with the contract, but since the plaintiff had to incur extra cost not covered by the terms of tender in labour and therefore, the plaintiff filed the present suit against the State of Rajasthan through the Chief Secretary, Government of Rajasthan, Jaipur and Chief Engineer, Irrigation Department, Rajasthan, Jaipur or a sum of Rs. 74,418,50, in the Court of District Judge, Jaipur.

(3.) The defendants filed their written statement and one of the Issues framed was Issue No. 12 which runs as under :-