1. This is a petition under Section 115 of the CPC for revising the order dated 26.07.2014, delivered in Title Suit No.11/2014 by the Civil Judge (Senior Division), Court No.1, Agartala, West Tripura.

2. The petitioner herein, namely Hindustan Steelworks Construction Limited instituted a suit for declaration that they are entitled to a sum of Rs.5,00,56,231 for the damage they suffered for deliberate and wilful negligence of the respondent in performing his Part- of the “contract” being the excess payment received by the respondent, the value of the balance materials issued to him, hire charges for the use and utilisation of the steel plates and another sum of Rs.65,26,265 as the excess payment made for execution of the balance work by another agency with interest from 25.06.2013 till date of payment at 18% per annum.

3. The respondent also filed another suit, being Title Suit No.01/2014 in the same court of the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala, seeking declaration that the oral agreement with the “go ahead letters” dated 30.07.2012 and 03.08.2012 and fixing of “risk and cost” condition is not enforceable and illegal. As such, the petitioner h