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2025 Supreme(Online)(Ker) 42996

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
G.V.JOLLY – Appellant
Versus
PLANTATION CORPORATION OF KERALA LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOHN K.GEORGE, SRI.P.P.BIJU
For the Respondents: SHRI.RAJESH N., SRI.BINU MATHEW, SRI.B.J.JOHN PRAKASH, SRI.MATHEWS K.UTHUPPACHAN, SRI.TERRY V.JAMES, SRI.TOM THOMAS (KAKKUZHIYIL)

Table of Content
1. contract disputes over uncompleted work and payments. (Para 2 , 3)
2. court observed failures in evidentiary support and timelines. (Para 4 , 6 , 9)
3. dismissal upheld due to lack of timely filing and proof. (Para 7)
4. final ruling on appeal and costs. (Para 10)

J U D G M E N T Dated this the 25th day of September, 2025 Plaintiff in OS No.439/2003 on the file of the Principal Sub Court, Kollam is the appellant. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court).

2. The plaintiff filed the suit for realisation of money. According to the plaintiff, he is a Government contractor. As per the tender invited by the defendant for metalling a road and construction of a culvert, the plaintiff submitted tenders and it was accepted by the defendants. Altogether, five such works were undertaken by the plaintiff. According to the plaintiff, he had supplied materials worth Rs.1,65,000/- and deposited Rs.15,850/- for the work in Kallala Estate. But work site was not handed over and thereafter, the work was abandoned by the defendants. For the work from Post office Junction to Division 'B', the plaintiff supplied materia

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