Arun Mishra, J.

1. This second appeal has been filed by the plaintiff aggrieved by the reversal of the judgment and decree passed by the Trial Court.

2. The suit was filed by the plaintiff for recovery of an amount of Rs. 11,000/- along with interest against the Municipal Council, Shivpuri on the allegation that the plaintiff" was one of the tenderers to the NIT which was issued for construction of 'V shape drainage in the Municipal Council, Shivpuri at Raghvendra Nagar Colony. The tender of the plaintiff was accepted on 25.6.1991. Thereafter an agreement was executed which is Ex. D/3, on record, on 24.9.1991. Even after the execution of the agreement the defendant did not issue work order. The plaintiff continuously waited for the work order and without granting opportunity of hearing the security amount of the plaintiff of Rs. 1,600/- was deducted and from the final bill of another contract of Ward No. 10, Harijan Basti, Rs. 6,679/- was illegally deducted. The plaintiff came to know that the contract has been given to one of the employees of the Municipal Council, Shivpuri namely, Mantoo Khan in order to give him illegal benefit out of the contract. Thus sum of Rs. 8,279/-