ORDER:- This application under R. 36 of the Rules for the Administration of Justice and Police in the Khasi Hills has been filed against the judgment and order dated 22-2-1983 passed by the District Judge-cum-Additional Deputy Commissioner, Shillong, Meghalaya, in Money Appeal No. 16(T) of 1979 dismissing the appeal filed by the State of Meghalaya and affirming the judgment and decree dated 16-8-1979 passed by the Assistant to the Deputy Commissioner, Shillong in Money Suit No. 35 (T) of 1978 with a minor modification of the decreetal amount.

2. It is settled law as decided by the Full Bench of this court that though it is a revision, this court had the power to consider the evidence adduced by the parties (See 1969 Assam LR 92).

3. The brief facts are as follows:

One J.N. Giri who is the contractor under the P.W.D. and Agriculture Department, Govt. of Meghayala filed this suit for realisation of Rs. 6,2107.47 p. The facts are that in response to a tender notice issued for construction of Irrigation Head work, at Tyrso Valley, East Khasi Hills the petitioner submitted tender and the tender and the rate of the plaintiff was accepted by the defendants. Thereafter the work ord