JUDGMENT :

1. Heard Mr. Kundan Kumar Ambashtha, counsel appearing on behalf of the appellant.

2. Heard Mr. Nipun Baxi, counsel appearing on behalf of the Respondent-State.

3. This appeal has been filed against the judgment and decree dated 22.06.2004 (decree signed on 14.07.2004) passed by Sub-judge VI, Palamu at Daltenganj, dismissing the Money Suit No. 7 of 2000.

4. Money Suit No. 7 of 2000 was filed by the plaintiff for a money decree of Rs. 6,00,000/- against the defendants with interest pendent lite and thereafter till realization together with cost. The aforesaid amount was claimed by way of damage/compensation for the period from 1992 to 1999.

5. The case of the plaintiff as per the plaint was that the defendant no. 1 sanctioned construction of embankment on eastern part of the river Koel from Mohammadganj to village-Kadal Kurmi within P.S. Haidarnagar, District Palamu under the supervision of defendant no. 2, for the purpose of saving the adjacent land from being sub-merged. In course of execution of the aforesaid scheme and project an embankment in village Kadal Kurmi was constru