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2026 Supreme(Online)(Ker) 3348

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
K.S.VIMALA, K.B.MANOJ, K.B.MANJU – Appellant
Versus
THE KERALA STATE ELECTRICITY BOARD – Respondent


Advocates:
For the Appellants/Petitioners: G.SREEKUMAR (CHELUR)
For the Respondents: NIRMAL.S, K.S.ANIL

P.Krishna Kumar, J.

The unsuccessful plaintiff in a suit for recovery of money based on a contract is the appellant. The suit was filed on 16.12.1997 as an indigent petition. The trial court found that the suit was barred by limitation.

2. The parties are hereinafter referred to as they were arrayed in the suit. The plaintiff was awarded two contracts by the first defendant, the Kerala State Electricity Board, on 30.01.1986 (Agreement Nos. 29/85-86 & 30/85-86) for casting 1,500 RCC poles of 8 metres length for the Electrical Major Section, Kannur. The plaintiff completed the work covered by the first agreement within the extended period, namely, on or before 30.01.1987. However, the work covered by the second agreement was not completed within the stipulated or extended time. According to the plaintiff, the delay occurred solely on account of the non-co-operation of the defendants. Alleging that despite repeated demands the defendants failed to effect payment, the plaintiff instituted the suit seeking recovery of the balance amount due under the first agreement and part-payment for the work allegedly executed under the second agreement, claiming a total sum of ₹47,09,732/- (Rupees F

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