- (1.) THE Appellants/Defendants have projected this present Appeal against the Judgment and Decree dated 27.06.2003 in O.S.No.1 of 2002 (on the file of Sub Court, Vellore O.S.No.305/96) on the file of the Additional District and Sessions Judge, (Fast Track Court), Vellore.
(2.) THE trial Court, in its Judgment, on an appreciation of oral and other documentary evidence available on record, has, inter alia, observed that 'the Respondent/Plaintiff is not entitled to a sum of Rs.8,34,900/- (Rupees Eight Lakhs Thirty Four Thousand and Nine Hundred only) as claimed in the Pliant and it has not accepted the claim of Rs.1,07,375/- made by the Appellants/Defendants as if a counter claim and held that the Appellants/Defendants are still to pay a sum of Rs.88,159/- to the Respondent/Plaintiff. Accordingly, it partly decreed the suit for a sum of Rs.88,159/- in favour of the Respondent/Plaintiff directing the Respondent/Plaintiff to receive interest for the aforesaid sum at 9% per annum from the date of filing of the suit till the date of passing of the decree and thereafter, at 6% per annum till the date of realisation. Moreover, the Respondent/ Plaintiff has been directed to pay the required Court Fee.' Before the trial Court, 1 to 7 issues have been framed for adjudication in the main Suit. On the side of the Respondent/Plaintiff, witness P.W.1 (Respondent/Plaintiff) has been examined and Exs.A.1 to A.29 have been marked. On the side of the Appellants/Defendants, witness D.W.1 has been examined. Exs.B.1 to B.50 have been marked. Being aggrieved against the Judgment and Decree passed by the trial Court in the main suit, the Appellants/Defendants have filed the present Appeal before this Court.
(3.) THE Points that arise for rumination in this Appeal are: (1) Whether the Respondent/Plaintiff has completed the 13 project works" (2) Whether the Respondent/Plaintiff is entitled to receive a sum of Rs.8,34,900/- as balance amount from the Appellants/ Defendants with interest" (3) Whether the suit suffers on account of non-issuance of notice as per Section 80 of Civil Procedure Code" (4) Whether the suit is barred by limitation" (5) Whether the trial Court has jurisdiction to entertain the suit" (6) Whether the Appellants/Defendants are entitled to claim the compensatory cost from the Respondent/Plaintiff" THE Contentions,Discussions and Findings on Point Nos.1 and 2: The Learned Counsel for the Appellants/Defendants that the trial Court has failed to note that inasmuch as the Respondent/Plaintiff has not completed the 13 project works as agreed, he is not entitled to claim a sum of Rs.8,34,900/- with future interest and costs.;