MUNGESHWAR SAHOO, J.:–The defendants, State of Bihar and its authorities have filed this First Appeal against the judgment and decree dated 22.08.2008 passed by Sri Man Mohan Sharan Lal, the learned Subordinate Judge I, Bettiah, West Champaran in Money Suit No.2 of 1997 decreeing the plaintiff-respondent’s suit for Rs.66,15,633.80 with interest at the rate of 12% per annum from the date of institution of the suit till realisation.

2. The plaintiff-respondent, M/S Indu Construction through its partner, Dinanath Singh filed the suit for realization of Rs.66,15,633.80 with pendente lite and future interest till realization at the rate of Rs.18% per annum and also for cost of the suit.

3. The plaintiff’s case in short is that the plaintiff is a partnership firm and carries contract work throughout Bihar. The Executive Engineer, Gandak Project Irrigation, Don Branch Canal Division, Ramnagar invited two tenders for earth work, turfing, raising, widening and strengthening the Bandh. One tender was from R.D.00 to R.D.191 and the second tender was from R.D.191 to R.D.307.50. The estimated cost of both the tender was Rs.74 lacs. The plaintiff filed tender on 05.09.1989 and his tender being low

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