P.C. Mallick, J. - (1.) This is a suit by a contractor for works done. The plaintiff was employed for the construction of a broad gauge tunnel on the Bhakra Nangal Canal Railways belonging to the defendant. On. 1-3-1949, the work was completed. In the course of work, the plaintiff from time to time submitted running bills and received some payments. It is alleged that improper deductions amounting to Rs. 31.949/12/- were made from the running bills. The final bill submitted after construction works were completed is for Rs. 3,61,918/11/-. In terms of the contract the plaintiff had to furnish a security deposit of Rs. 25,000/-. The present suit has been instituted for the recovery of the said three sums, alternatively for an enquiry as to the amount due and payable to the plaintiff. The suit has been instituted after obtaining leave under Clause 12 of the Letters Patent on the averment that part of the cause of action arose within the jurisdiction of the Court. It is pleaded that notice under Section 80 of the Code of Civil Procedure has been served. It has not, however, been pleaded that it was sent from Calcutta within the jurisdiction of this Court.
(2.) In the written statement the claim is disputed except with respect to the sum of Rs. 11,582-1/-. This sum of Rs. 11,582/1/- admitted to be due and payable has been deposited in Court. The validity of the notice under Section 80 has been denied, but not the receipt of the notice. It is pleaded that no part of the cause of action arose within the jurisdiction of this Court and in consequence this Court has no jurisdiction and the leave granted should be revoked.
(3.) At the trial the parties dispensed with the formal proof of the documents included in the Brief of Documents and the Brief of Documents has been marked as an exhibit by consent. No oral evidence has been tendered by either party.;