- (1.) The appellant is aggrieved by the order dated 25.07.2012 passed by the Additional District Judge, Parbatsar, District Nagaur, whereby the learned Judge has dismissed the application filed by the appellant under Order 39 Rule 1 & 2 CPC.
(2.) Brief facts of the case are that the appellant filed a suit for permanent injunction with the averments that the respondent Public Works Department had invited applications for construction and upgradation of roads. The appellant participated in the tender process. Since its bid was the highest, it was accepted. The work order was issued in its favour on 16.12.2010 for the work amounting to Rs.66,16,652. It was claimed that the appellant completed the work of Rs.10,00,000 but neither running bill was prepared, nor payment has been made by the respondents.
(3.) Meanwhile since the proprietor fell seriously ill, the remaining work could not be completed. The respondents were informed about the same but the respondents did not consider the same. Instead, they cancelled the contract.;