Tarun Chatterjee, J. - (1.) This appeal is preferred against the judgment and decree passed by a learned Judge of this Court in a suit for recovery of money for non-payment by the defendant/appellant of the final bill of the plaintiff/respondent, a contractor with respect to construction of certain building for the defendant/appellant.
(2.) The prayer (a) of the plaint is as follows: "Decree for Rs. 5,93,580.02 P. as stated in paragraph 11 of the plaint."
(3.) The case made out by the plaintiff/respondent in the plaint was as follows : The plaintiff/respondent by his letter dated 10th December, 1975 submitted his tender to the defendant/appellant and offered to construct Block-H Building, Time-Office-cum-Workers' Canteen and extension of the main Office Building, for the defendant at Kumardhubi in the State of Bihar. The defendant/appellant by its letter dated 24th December, 1975 accepted the offer made by the plaintiff/respondent in pursuance of the tender. The plaintiff/ respondent completed the construction work in April, 1978 and prepared its final bill for a sum of Rs. 13,85,909.67 p. During the continuance of the construction work the defendant/appellant paid and the plaintiff/respondent received diverse sums of money and by a covering letter dated 31st August, 1979 the plaintiff/respondent submitted the final bill to the defendant/appellant and demanded payment of the balance sum of Rs. 3,89,232.70 p. The defendant/ appellant by its letter dated 24th November, 1979 disputed the correctness of the aforesaid bill and alleged that there were anomalies in the bill and claimed that nothing was due or outstanding to the plaintiff/respondent. As the bill amount was not paid, the plaintiff/respondent instituted the suit for recovery of money against the defendant/appellant on 11th August, 1982 claiming a decree for an aggregate sum of Rs. 5,93,580.02 p. of which Rs. 3,89,232.70 p. was the principal sum and Rs. 2,04347.32 p. was the interest, calculated at the rate of 18% per annum from August 31, 1979 till 31st July, 1982.;