JUDGMENT

DESAI, J.—This appeal was heard along with C. A. No. 1998 of 1972 between the same parties and raising certain identical questions. In the course of hearing of both the appeals inevitably it was pointed out that with regard to identical questions the two Benches of the same High Court, though one learned Judge was common to both the Benches, arrived at irreconcilable conclusions which has to some extent resulted in denial of justice to the appellant. It would be our attempt to reconcile the approach of the Court in both the matters keeping in view the limitation oil account of the two suits having not been consolidated and evidence recorded separately in each matter.

2. On an invitation to tender sought by the erstwhile State of Saurashtra for providing cement concrete surface to Rajkot Jamnagar road for miles 18 to 40 measuring from the Rajkot end, the appellant submitted his tender quoting 712% lower than the estimated cost of the works in the amount of Rs. 16,59,900/- Only. The tender of the appellant was accepted on July 6, 1954 as per the letter of the Executive Engineer, Road Development Division, Rajkot. As agreed to between the parties, the appellant furnished secur