Songkhupchung Serto, J.

1. Heard Ms. Nuksungtila, learned counsel who appeared on behalf of the appellants and also heard Mr. C.T. Jamir, learned Sr. Advocate who appeared on behalf of the respondent. This is an appeal under section 96 of the Code of Civil Procedure, 1908 r/w Rule 29 of the Rules for the Administration of Justice and Police in Nagaland, 1937 directed against the judgment and order dated 30.5.2014, passed by the learned District & Sessions Judge, Dimapur in Civil Suit No. 15/2007.

2. The brief facts of the case leading to this appeal are as follows:

The appellants/defendants floated a Tender Notice No. 105/2003 (IT-3) on 2003, for Execution of the work, "At LMG-Repairs to main road from 1st BN RPSF/LMG Complex to Recreation Club with Colony road at Loco Colony; BF Colony; S.H. Colony et. Under SSE (W)/S/LMG" for an amount of Rs. 38,18,035/-. In response, the respondent/plaintiff submitted his tender vide his letter dated 17.02.2005 and he was selected for the work. Accordingly, on 24.02.2005, an agreement was signed and according to the same the petitioner was to finish the work on or before 16.08.2005. Thereafter, a subsidiary contract agreement was signed by the parties on 12.06.2006, by which the respondent/plaintiff was given additional work and the value of the contract was enhanced to Rs. 44,45,096/- and time limit for completion of the work was also extended till 30.05.2006. The contract agreement was signed by Sri. James Akham on behalf of the respondent firm M/s. J.A. Brothers and on behalf of the President of India by Divisional Engineer, N.E.F. Railway, Lumding. The respondent/plaintiff claimed that as per the contract agreement he had completed execution of the work on 21.07.2006. So, he informed the appellants/defendants and requested for final measurement and payment of the bill through a letter dated 22.07.2006, but due to non-payment of illegal gratification demanded by the appellants/defendants No. 5, final measurement could not take place even after 2(two) months from the date of his report. Having no choice the plaintiff with his authorised Engineer and staffs took final measurement of the work done and the result of the same tallied with the records of the quantities of the materials used and volume of the work done and signed by both the parties in the register maintained by defendant No. 5. Thereafter, he submitted the same to the Divisional Railway Manager, N.F. Railway at Lumding vide his letter No. Final Bill/NFR/LMG/06-07 dated 4.10.2006 for payment of the outstanding bill amounting to Rs. 19,52,012/-. However, he did not get any response for payment of the bill. Therefore, he was compelled to issue a legal notice through his Advocate to the General Manager, N.F. Railway, Lumding. Only thereafter, the appellants/defendants responded and fixed 23.12.2006 for doing the same but no one from the appellants/defendants side came forward for measurement of the work done. As such, he wrote a letter on the same day to the appellants/defendants requesting for the same. Thereafter, another date i.e. 12.2.2007 was again fixed for the joint measurement but on that day also the same could not be carried out as the appellant/defendant No. 5, assaulted and criminally intimidated the people who were at work site on behalf of the respondent for the purpose. A complaint regarding the incident was submitted to the Railway authorities but no action was taken. Since the petitioner did not get positive response from the appellants, he filed a suit before the Addl. District Judge, Dimapur praying for a decree for the sum of Rs. 19,52,012/- and for a decree of Rs. 20,00,000/- as cost for the delay along with interest @ 18% p.a. on the decreetal amount with pendente lite and future interest till the amount is paid in full.

The learned Addl. District Judge, Dimapur by an ex-parte judgment and order passed on 20.06.2008, disposed the suit and directed the appellants/defendants to pay the sum of Rs. 19,52,01