STATE OF RAJASTHAN Vs. GIRDHARILAL CHUNNILAL MODI

JUDGEMENT

(1.) THESE are two appeals against the judgment and decree passed by the learned civil Judge, Jaipur, on 22-12-1952.

(2.) GIRDHARI Lal instituted a suit on 2-2-1950, out of which these appeals have arisen. The allegations were that the Public Works Department of the then Jaipur state invited tenders for the construction of a hospital at Jhunjhunu, and the tenders submitted by Girdhari Lal were formally accepted on 4-2-1947 (Ex. 2 ). It is alleged that the term of the agreement was that the construction should be completed within one year of the date of the commencement of the work. The date of the commencement was mentioned. to be 12-4-1946, when the executive Engineer asked Girdhari Lal to take the work in hand at an early date. It was alleged that Girdhari Lal collected materials and labour for starting the work, but whenever he started the work, he was told by the officers of the P. W. D. of the former Jaipur State not to start construction, and a letter in writing was given to him on 25-6-1946, Ex. D. 1, that he should not start work, as the design had been changed. The plaintiff waited for a sufficiently long time, and wrote to the Government on 17-1948, that he should be permitted to start construction or, in case it had been decided not to have the hospital built, the plaintitf should be so informed, and the government should pay damages to the tune of Rs. 15,200/- for breach of contract. It was alleged in para 8 of the plaint that the petitioner gave notice under Section 80 of the Code of Civil Procedure to the Jaipur Government on 11-12-1948, through the Chief Secretary of the Mahakma Khas, claiming Rs. 15,200/- as damages for breach of the contract. It was. said that the Secretary to the government, Ministry of Public Works, Jaipur, wrote on 19-3-1949, denying the liability. It was alleged that the Rajasthan Government was the successor government of the former Jaipur State, and the liability of the former Jaipur State devolved under the law on the Rajasthan Government, and, therefore, the present suit was instituted for the recovery of Rs. 15,200/- against the Government of rajasthan.

(3.) THE Government of Rajasthan took various pleas. It was pleaded that no completed contract had been concluded, and that there was no breach of contract, and that the plaintiff had not suffered any damages.