IMPORTANT POINT
The plaintiff must substantiate claims with clear evidence; failure to do so renders the trial court's decree arbitrary and subject to remand.

JUDGMENT :

Heard Mr. B. Sarma, learned counsel for the appellants and also heard Mr. U.C. Rabha, learned counsel for the sole respondent.

2. This regular first appeal, under Section 96, read with Section 151 of the Code of Civil Procedure, is directed against the judgment and decree, dated 27.04.2015, passed by the learned Additional District Judge, Dibrugarh, in Title Suit No.17/2003 [Title Suit No.22/2013(new)]. It is to be noted here that vide impugned judgment and decree, dated 27.04.2015, the learned Additional District Judge, Dibrugarh (hereinafter referred to as the “Trial Court”) has decreed the suit filed by the respondent herein for recovery of a sum of Rs.51,34,336/- including the interest and security deposit.

3. The back ground facts leading to filing of the present appeal is briefly stated as under:-

“The appellants/defendants herein had invited tenders from time to time from the office of the Divisional Engineer, Dibrugarh for executing certain works in the Railway Departments. The respondent/plaintiff herein had participated in the aforesaid tender process and after scrutinizing the tenders, certain works were allotted to him on different dates for execution. Thereafter, formal contract agreements were signed on various dates viz. 24.02.1987, 10.11.1987, 14.12.1988, 27.06.1989, 14.09.1990, 12.08.1991, 13.03.1992, 24.07.1992 and 07.07.1993, by the appellants and the respondent herein. Thereafter, complying with the terms of the tender document, the respondent has deposited security money and started the works at the specified sites, indicated by the appellants/defendants. While executing the works, allotted to the respondent/plaintiff, he had also received provisional payments against ad-interim bills for meeting the running expenses.

Thereafter, on completion of the aforesaid tender works, the respondent herein and the appellants jointly made inspection from time to time and recorded the same in the measurement book through its competent staffs. The respondent had given all the necessary particulars of the works i.e. the name of work allotted, the value of the works, the amount of payment received, the balance receivable and also number of the measurement books in which all the measurements were recorded in a separate sheet. Thereafter, the respondent herein submitted nine sets of documents each containing contract works agreement, details of zonal works, statement of account regarding works done by him and the respective bill amount and the provisional payment received against each zonal work and marked those documents as document Nos.1 to 9. Thereafter, the appellants herein after taking measurements, issued completion certificates to the respondent in respect of the works done by him and he was waiting to receive the balance payments against each work done by him and he has submitted two completion certificates issued by the Divisional Engineer, N.F. Railway, Dibrugarh. The total amount he has to receive from the appellants herein is Rs.51,34,336/- only. Thereafter, he had made several requests to the appellants herein to release the said amount, but the appellants have withheld the same illegally and wrongfully. Thereafter, he along with one Sajjad Mannan had filed one writ petition before this Court against the appellants herein for settlement of the bills in respect of completion of the works allotted to him. Thereafter, vide order dated 09.09.1999, this Court has directed the respondent/petitioner to prefer his claim along with copies of the writ petition, rejoinder and other documents including copy of the order in support of the claim before the appellants herein, directing the appellants to allow reasonable opportunity to the respondent/petitioner to place his claim in person during the course of examination if necessary.

Thereafter, the respondent herein along with Sajjad Mannan filed a representation mentioning particulars of work orders, tender value of such work, value/bill, payment receipt, balance pay