Ray, J. - (1.) This is an appeal by certificate from the judgment dated 7, December, 1965 of the High Court of Patna decreeing the appellant's suit in part and setting aside the judgment of the Additional Subordinate Judge dismissing the suit of the appellant.
(2.) The appellant filed a suit for the sum of Rupees 1,67,017/- as balance due to the appellant for earth work done for cutting canal and raising embankments for a project known as Balwa Sathi Distributory.
(3.) On 1 April, 1951 the appellant's tender was accepted and the contract for construction work was entered into. The work was completed in the month of June, 1952. The appellant claimed his total dues to be Rupees 5,09,053/-. The appellant's case was that he was paid Rupees 3,42,036/-. The appellant filed the suit for the balance sum of money.;