JUDGMENT

R.V. Raveendran, J.—This is a plaintiff’s appeal against the common judgment and decree dated 12.11.2002 of the High Court of Kerala in Appeal Suit No. 481/1992 filed by the defendants, and Appeal Suit No. 697/1991 filed by the plaintiff both against the judgment and decree dated 16.2.1991 in O.S. No. 24/1990 on the file of the Subordinate Court, Muvattupuzha.

2. The plaint averments, in brief, were as follows :

2.1) The second respondent (The Superintending Engineer, PWD, Central Circle, Alwaye, Kerala) invited tenders for execution of a construction work (Improvements to Thalakkad to Mularinad Road). The appellant’s offer was accepted and an agreement dated 7.6.1982 was executed between the State of Kerala as the employer (represented by second respondent), and the appellant as the contractor. The estimated cost of the work was Rs. 11,28,595/- and the security deposit payable by the appellant was Rs. 22,600/-. The contract required the work to be completed within 18 months from the date of handing over of the site. As the site was formally handed over on 17.8.1982, the work had to be completed on or before 16.2.1984. According to the appellant, on account of delays, defaul