JUDGMENT :

Heard Mr. B. Goswami the learned Addl. Advocate General, Assam appearing for the appellants. Also heard Mr. B.K. Kataki, learned counsel representing the sole respondent.

2. This is a Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC) whereby the impugned judgment and decree dated 28.11.2018 passed by the court of learned Civil Judge, Darrang, Mangaldai in Money Suit No.12/2017, is under challenge.

3. The respondent is a Class-I (A) contractor working in the Department of Water Resources, Assam. He executed some works after he was awarded the contract. But he was not paid the money. Therefore, the respondent filed the suit praying for recovery of Rs.28,31,782/-.

4. The defendants/the present appellants contested the case by filing a written statement. They stated that the respondent was entitled to receive an amount of Rs.21,60,000/-only and the same was already paid to him. The defendants categorically denied that the respondent is entitled to recover Rs.28,31,782/-.

5. On the basis of the pleadings, the trial court framed the following issues:

I. Whether there is any cause of action for the suit?

II. Whether the suit is maintainable in its present form