STATE OF RAJASTHAN Vs. SAHIRAM RAM CHANDRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 23. 10. 1984 passed by the learned Additional District Judge, Sri Ganganagar whereby the learned Judge has partly decreed the suit to the tune of Rs. 8342. 50 in favour of the plaintiff-firm and dismissed the rest of the suit and the counter claim filed by the defendant-State. It was also held that the plaintiff will be entitled to decretal amount of Rs. 8342. 50 with interest @ 12% per annum from the date of receipt of the legal notice under Section 80, CPC.

(2.) BRIEF facts giving rise to the present appeal are that the plaintiff - firm M/s. Sahiram Ram Chandra filed a suit against the defendant-State for recovery of Rs. 1,11,000/- (Rs. 1,02,901. 68 principal + 8,098. 32 interest ). The plaintiff-firm carries the work of contract with the Pubic Works Department (B & R ). The plaintiff firm is a registered firm under the Indian Partnership Act, 1932 and Sahiram is one of the partners in the said firm. The plaintiff firm took a contract for making ``sangaria-TB'' road from 15/5 kms. to 23/0 kms. (incomplete work) which was in the jurisdiction of the Executive Engineer, Public Works Department (B. & R.), Sri Ganganagar but at present, it comes in the jurisdiction of the Executive Engineer, Public Works Department (B. & R.), Rajasthan Nahar Pariyojna, Hanumangarh Division. Thereafter, Agreement No. 5 1976-77 was executed between the plaintiff and the defendant at Sri Ganganagar. According to the agreement, the contractual work was to be started from 15. 8. 76 and the same was to be completed by 24. 2. 78. The time was essence of contract.

(3.) ON the pleadings of the parties, the following issues were framed:- ***