ORDER :

1. This appeal has been preferred against the judgment and order dated 19.4.2002, by way of which the High Court of Andhra Pradesh at Hyderabad while entertaining the first appeal under Section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as Code of Civil Procedure), reversed the judgment and decree dated 12.7.1991 in Original Suit No. 62 of 1983 passed by the court of Subordinate Judge, Nizamabad. Facts and circumstances giving rise to this appeal are that:-

(a) One agreement between the Appellant and State of Andhra Pradesh for widening of road was entered into in February 1980. As the work was not started and executed within stipulated time, the Respondent No. 3 took action under Clause 60(b) of the Andhra Pradesh Detailed Standard Specification on 24.9.1980 and the said contract was terminated by the State Authorities on 13.1.1981.

(b) The Appellant vide Suit No. 62 of 1983 sought damages to the tune of Rs. 16,51,950. Respondents contested the suit, however, the learned trial court vide judgment and decree dated 12.7.1991 decreed the suit awarding the damages to the Appellant to the tune of Rs. 9,51,650/-.

(c) Aggrieved, the Respondent preferred appeal befor