Rajasthan High Court - Jodhpur
State Of Raj. & Ors. vs . M/S Fakir Chand Ram Lal on 1 December, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
CFA No.136/1992
State of Raj. & Ors. vs. M/s Fakir Chand Ram Lal
Judgment dt:1/12/2014
1/3
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
JUDGMENT
State of Rajasthan & Anr. vs. M/s Fakir Chand Ram Lal S.B.CIVIL FIRST APPEAL NO. 136/92 DATE OF ORDER : 1/12/2014 PRESENT HON'BLE DR.JUSTICE VINEET KOTHARI Mr. Mukesh Dave, for the appellant State.
1. The present first appeal has been filed by the appellant State and PWD Department against the judgment and money decree of the learned trial court dated 24/7/1992 passed in Civil Suit No. 29/85 - M/s Fakir Chand Ram Lal vs. State of Rajasthan & another to the extent of Rs. 17,257/- with interest @ 6% p.a.
2. Learned counsel for the appellant State, Mr. Mukesh Dave submits that in the document Ex.52, the rate of deduction from the contractual sum for the cement supplied by the PWD Department was corrected from Rs.20/- per bag to Rs.22/- per bag and the said difference amount, which is claimed by the plaintiff contractor is on account of this correction, which was not paid to the contractor for execution of works contract by him. The plaintiff contractor denying the said deduction for the cement supplied by the PWD Department @ Rs.22/- per bag submitted before the learned trial court that the CFA No.136/1992 State of Raj. & Ors. vs. M/s Fakir Chand Ram Lal Judgment dt:1/12/2014 2/3 agreement was only to the extent of Rs.20/- per bag and Ex-7 & Ex- 51, Agreement between the parties, produced by the plaintiff contractor before the learned trial court clearly stated that the said deduction will be made @ Rs.20/- per bag only for the cement supplied by the PWD Department. In the statement of D.W.1 - Baldev Singh, Executive Engineer, clearly stated before the learned trial court that the said correction of Rs.20/- per bag to Rs.22/- per bag was made by him in Ex.52 and no counter signatures of the plaintiff contractor was obtained by him on the said document. Therefore, no valid contract came into existence for the aforesaid change in the rate of cement supplied by the PWD Department.
3. On appreciation of the relevant evidence, the learned trial court decreed the suit to the extent of Rs.17,257/- in favour of the plaintiff contractor.
4. The stay application filed by the State along with the present first appeal was also rejected by this Court on 30/11/1992 by the following order:-
"Hon'ble B.R.Arora,J Mr.C.R.Jakar, Dy. Govt. Advocate for the appellants.
Heard learned counsel for the appellants. No case for grant of stay is made out. The stay petition filed by appellant is, therefore, dismissed. However, the CFA No.136/1992 State of Raj. & Ors. vs. M/s Fakir Chand Ram Lal Judgment dt:1/12/2014 3/3 appellant may deposit the decreetal amount along with interest and costs within a period of one month from today. On depositing the amount the same may be given to the decree holder on his furnishing solvent security to the satisfaction of the trial court."
5. Having heard the learned counsel for the appellant State and upon perusal of the record, evidence & the findings recorded by the learned trial court, this Court is satisfied that there is no controverting material on record to upset the finding of the learned trial court below and there is no force in the present first appeal filed by the appellant State.
6. The present first appeal of the State is, therefore, devoid of merit and is liable to be dismissed and is accordingly dismissed. No costs. Copy of the order be sent to the parties concerned forthwith.
(DR.VINEET KOTHARI), J.
item no. 19 baweja/-