- (1.) THE State Forest Department has preferred this second appeal aggrieved by the order of the first appellalte court of Additional District Judge (Fast Track) No.2, Bikaner dated 29.03.2011, whereby the learned appellate court allowed the appeal of the plaintiff Banshi Lal against the decree in his favour passed by the learned trial court in case No.137/1997.
(2.) THE plaintiff was awarded a contract for transportation of the plants as directed by the award of Forest Department @ 23 paisa per plant and for the said work executed by the Contractor a bill of Rs.62,075.16 was made, however, the defendant Department paid only a sum of Rs.55,131/- to the plaintiff Contractor retaining the balance amount on alleged ground that certain plants were damaged during transportation. The plaintiff preferred the said suit for realisation of the balance amount, which was dismissed by the learned trial court, but the same was, however, decreed by the first appellate court in favour of the plaintiff. Learned counsel for the defendant-Department Shri M.S. Siddiqui argued that since the damage to the plants was during the transportation, the Department was not liable to pay the freight charges to the plaintiff. 4. Having heard learned counsel for the appellant and on perusal of the order of the first appellate court, this Court is satisfied that no substantial question of law arises in the present second appeal. The contract was only for transportation of the plants and the Contractor did not sell the plants to the Forest Department only and they were merely required to be transported from one place to another. On perusal of the evidence, the first appellate court, contrary to the trial court, has found that the Department could not retain the balance amount on the basis of the terms of the contract and consequentially decreed the suit to the extent of Rs.11,627/- with interest @12% per annum. In the opinion of this Court, no substantial question of law arises in the second appeal. The same is devoid of any merit. Consequently, the appeal is dismissed. No order as to cost. A copy of this order be sent to the other side as well to the courts below. ;