JUDGMENT

Challenging the dismissal of a suit for money, the plaintiff is in appeal.

2. On 12/09/1997, the plaintiff entered into a contract with the defendant in relation to the work of improvements to Chalakudy-Anamala road. The work was completed within the time stipulated and to the satisfaction of the defendant. However, the bills were not paid. Thereupon, the plaintiff approached this Court in O.P.No.28609/2000.

3. As per judgment dated 27/02/2002, the Original Petition was disposed of directing payment of the bill amounts on or before 30/06/2002 with a default clause to pay interest at the rate of 12% per annum, on failure to pay within that date. The claim of the plaintiff – petitioner for interest prior to 30/06/2002 was left open to be adjudicated in Civil Court. It is thereupon that the suit is filed.

4. The trial court relied on clauses 68 & 69 of the Preliminary Specifications to Madras Detailed Standard Specifications (M.D.S.S) and held that the plaintiff is not entitled for interest for the period.

Accordingly, the suit was dismissed.

5. Heard the learned counsel on either sides.

6. The contract provides that the Preliminary Specifications to M.D.S.S will form part of the c