- (1.) This is a plaintiff's appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as 'CPC') arising from the judgment and decree dated 05.02.2000 passed by Smt. Poonam Sikand, IIIrd Additional Civil Judge (Sr. Div.), Muzaffarnagar in Original Suit No. 63 of 1998 whereby it has decreed the suit partly, allowing claim of plaintiff-appellant in respect to items no. 2 to 7, of schedule to the plaint and rejected plaintiff's claim in respect to items no. 1 and 8 which was for Rs. 12,45,465.34 and Rs. 3,65,000/- respectively.
(2.) The plaintiff instituted the aforesaid suit seeking a decree of recovery of Rs. 45 Lacs which included the amount mentioned in schedule appended at the bottom of plaint along with interest thereon. The plaintiff also prayed for interest on decreed amount at the rate of 12% pendente lite and future interest.
(3.) The plaint case set up by plaintiff is that in the year 1992, 1993 & 1994 several works contracts were awarded to plaintiff by defendant-respondent 1 which were completed by plaintiff. The final bill was prepared by defendant 1 i.e. Nagar Palika Parishad, Shamli through its Executive Officer in 1995-96 in accordance whereof plaintiff was entitled for payment of Rs. 24,07,380.97 but despite repeated requests, payment has not been made. The break-up details of aforesaid claim was mentioned in the schedule given at the bottom of plaint which consisted of 8 items as under:- Schedule of the amount due:- JUDGEMENT_202_LAWS(ALL)11_2015.htm;