Parmesh Grover v. Municipal Committee
RSA No.1327 of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1327 of 2016 (O&M) Date of Decision.04.02.2019 Parmesh Grover ...Appellant Vs Municipal Committee, Ferozepur City
...Respondent
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
Present:
Mr. K.B. Raheja, Advocate for the appellant.
-.- AMIT RAWAL J. (ORAL) The suit for recovery against the Municipal Committee has been dismissed by the trial Court and affirmed in appeal by the lower Appellate Court.
Mr. Raheja, learned counsel appearing on behalf of the appellant submitted that on the oral assurance of the respondents, which has been proved through the testimony of PW2, work of electrical and installation of street light poles was undertaken by the plaintiff but no payment was made. The trial Court did not notice this fact and therefore, there is illegality.
The aforementioned argument of Mr. Raheja is not able to cut ice as the Municipal Committee cannot incur any expense without having putting agenda in the House or passing Resolution nor any document with regard to invitation of tender has been placed on record. In such circumstances, suit of the appellant-plaintiff was based upon no contract. Faced with the cross-examination, PW2 stated that he had no authority to say that plaintiff had undertaken the PANKAJ KUMAR 2019.02.05 17:33 I attest to the accuracy and integrity of this document
RSA No.1327 of 2016 (O&M) -2work. In such circumstances, plaintiff miserably failed to discharge the onus.
In view of aforementioned fact, I do not find any illegality and perversity in the concurrent finding of fact and law rendered by the Courts below, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. Resultantly, the second appeal is dismissed.
(AMIT RAWAL) JUDGE February 04, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.02.05 17:33 I attest to the accuracy and integrity of this document