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2021 Supreme(Online)(MAD) 37202

HIGH COURT OF MADRAS
Hon`ble Ms Justice R.N. MANJULA
S.JESU S/O SATHIAGO – Appellant
Versus
THE SUPERINDENTING ENGINEER – Respondent


J U D G M E N T

(Heard through video conferencing)

This Second Appeal has been directed against the judgement and order of the I Additional District Court, Coimbatore, dated 31.01.2006 passed in A.S.No.

216 of 2003.

2. The appellant herein is the plaintiff and the respondents herein are the defendants in suit. For the sake of convenience the appellant is referred as the plaintiff and the respondents are referred as the defendants 1 & 2 during the course of this discussion.

3. The avernments of the parties in brief:

The plaintiff was a contractor registered with TWAD Board under unemployed Engineers Scheme. In response to the tender dated 11.11.1987 called by the defendants Department for the erection of certain structures for supplying drinking water within the Coimbatore Corporation, the plaintiff submitted his quotation and the same was accepted by the defendants. An agreement to this effect was executed between the plaintiff and the defendants on 25.03.1988. However the plaintiff was given with the work order on

21.01.1988.

3.1. Subsequent to the issuance of the work order, taking sand from Madhampatti Quarry for carrying out the work was not feasible. So the plaintiff requested the 1s

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