STATE OF GUJARAT Vs. V D PATEL

JUDGEMENT

(1.) THIS appeal under Section 96 of the Civil Procedure Code is at the instance of original Plaintiff -State of Gujarat arising from suit proceedings for recovery of money towards damages and is directed against the judgment and decree dated 04.05.2000, passed by learned Civil Judge (S.D.), Godhara, and thereby, the learned Civil Judge partly decreed Special Civil Suit No.143 of 1992 preferred by the appellant herein -original plaintiff.

(2.) THE case of the appellant -original plaintiff: -

(3.) TH December,1980. He submitted THat THe plaintiff worked at a very slow pace right from THe beginning and had failed in respect of showing reasonable progress despite full cooperation from THe Department. He submitted THat THe defendant's inability and inefficiency is apparent from various facts on THe record of THe case. He submitted THat THe say of THe defendant THat because of THe inquiry proposed for reduction of spill way lengTH, he could not ensure timely completion of THe contract is absolutely false. He furTHer submitted relying on THe oral evidence of THe witnesses examined by THe plaintiff THat necessary details pertaining to THe work were being supplied to THe defendant. He submitted THat THe work of THe defendant was not satisfactory and whatever little work he could complete was also at a very slow pace and no efforts were made by THe defendant to expedite THe progress of THe work. (C) He, THerefore, submitted THat THe appeal deserves to be allowed by quashing and setting aside THe judgment and decree passed by THe Trial Court and THe entire amount as claimed in THe plaint be awarded wiTH interest.