STATE OF JHARKHAND Vs. KAMESHWAR UPADHYAY

JUDGEMENT

(1.) The petitioner-State of Jharkhand is aggrieved of order dated 15.12.2010 passed in Money Suit No. 90 of 2009 by which its application seeking recall of order dated 05.06.2010 has been rejected.

(2.) Briefly stated, Money Suit No. 90 of 2009 was instituted for a decree for Rs. 2,65,843/- and for a decree for interest pendente lite and future and litigation cost against the defendants. The plaintiff has pleaded that when several cheques issued to him by the Executive Engineer-Defendant no. 4 as part-payment of the contract works executed by him were not honoured by the Treasury, he was compelled to approach the High Court in W.P.(C) No. 2000 of 2005 for a direction upon the respondent-State for payment of the admitted dues of Rs. 8,01,868/-. In the writ proceeding, pursuant to an order passed by the High Court Rs. 5,36,025/- only was paid to him and, therefore, he was compelled to initiate Contempt Case (Civil) No. 310 of 2006. In the proceeding of the contempt case, the respondent-State for the first time disputed his claim for payment of the balance amount of Rs. 2,65,843/- and therefore, he was constrained to institute the money suit; the stand taken by the respondent-State that payment in terms of recommendation of the Liability Committee was paid to the plaintiff and he received the payment without any protest and that he is not entitled for any other payment were the reasons, Contempt Case (Civil) No. 310 of 2006 was dropped with liberty to the plaintiff to approach the civil court.

(3.) In the application dated 19.08.2010 which was filed for recall of the order dated 03.08.2010, the defendants have pleaded that the Government Pleader had written letter for furnishing the statement of facts and reminder was sent on 04.08.2010; date when first letter was written has not been pleaded, and after receiving the statement of facts written-statement was prepared and sent for approval to the Department and as soon as the approved written-statement was received by the Government Pleader it was filed on 14.09.2010. The date when the statement of facts was received and when the approved written-statement was sent to the Government Pleader have not been disclosed in this application. The defendant nos. 1 to 4, who were duly served on 06.04.2010, were required to file their written-statement within thirty days from the date of service of summons upon them, however, they did not appear in the suit till 26.04.2010. They were absent mid-way the proceeding and did not file any application seeking extension of time for filing the written-statement.