- (1.) No one appears for the appellant despite the matter being called on. With the help of Mr. Sarkar, appearing for the respondent, we heard this matter.
(2.) The appellant preferred this appeal against the money decree passed by the learned Judge, 4th Bench, City Civil Court at Calcutta. The learned Judge has decreed the suit for a sum of Rs. 1,28,613 /- in aggregate. It appears from the pleadings of the parties that there was a concluded contract for execution of certain civil works viz. laying of water lines at an aggregate contractual price of Rs. 7 Lacs and odd. In terms of the contract, the plaintiff deposited the earnest money which was treated to be security deposit for execution of the contract. It is the case of the plaintiff that despite all things done by it, the defendants failed and neglected to supply the drawings and designs and the plaintiff also faced other difficulties from the local area and as such the work could not be commenced within the time stipulated.
(3.) The story of the defendants/appellants is otherwise. It is contended that there was negligence and failure on the part of the plaintiff to start the work as a result whereof the agreement was terminated and the earnest money deposited was forfeited.;