STATE OF RAJASTHAN Vs. RAM KISHAN

JUDGEMENT

(1.) THIS reference to the Full Bench raises a question of some importance, namely, whether a claim for damages by a contractor for nonpayment of the price of work done arising out of a works contract in standard form containing clauses (6) and (7), falls within the purview of Article 56 of the First Schedule of the Indian Limitation Act. 1908 or comes within the ambit of Article 115.

(2.) THE Division Bench before which the appeal came up for hearing felt that the point of limitation was one of frequent occurrence and, therefore, there was need for an authoritative decision. It noticed a diversity of opinion between the different High Courts on the question. It referred to two decisions of this Court in Bhawani Shanker v. State of Rajasthan (AIR 1970 Raj 268) and Tej Singh v. State of Rajasthan ( (1971) 2 W LN 28), which, the Division Bench felt, expressed views which were irreconcilable and, therefore, it was desired that the point should be settled by a larger Bench.

(3.) THE reference being on a point of law, there is no necessity of going into the facts in detail. The material facts briefly are these. By a contract in writing dated 9-12-1957 the State Government of Rajasthan in the Irrigation department, granted to the plaintiff a work in connection with Baori irrigation project in Bundi district i. e. , lowering the waste-weir below F. T. L. by 5 to discharge surplus water of Guda Tank, at Pench-ki-Baori in district Bundi. The plaintiff gave a tender at 16% above the scheduled rates, but later reduced it to 11%. The work was to be completed within 4 months of the date of contract i. e. 9-12-1957. It involved cutting of rocks, deepening of waste-weir, earth work construction of face wall etc. Under the terms of the contract, the plaintiff was net only bound to supply labour, but also bear the costs of materials. During the execution of the work, the deepening of the waste-weir involved extra work. The work was completed on 7-1-1958. The plaintiff submitted his final bill on 22-9-1960.