JUDGMENT :

R. Banumathi, J.

Leave granted.

2. These appeals assail the judgment dated 15.06.2010 in R.F.A. Nos.1051 of 2003 and 1076 of 2003, by which the High Court of Karnataka vide the common impugned judgment reversed the judgment of the trial court and allowed the appeal of respondent-defendant. While doing so, the High Court dismissed the cross-appeal preferred by the appellant-plaintiff.

3. Briefly stated case of the appellant-plaintiff is that appellant-company is engaged in construction of dams and other civil works and registered as a civil contractor for the Government of Karnataka amongst others. The respondent-defendant invited tender on 17.08.1991 “for constructing a compound wall along the boundary line of Kavika and also for constructing underground sump, shed to store useful laminations and also core assembly shop for these works”. The appellant responded to the said tender and appellant’s tender was accepted by the respondent. On 12.02.1992, a contract was executed between the appellant and the respondent incorporating the terms and conditions and the cost of work was estimated at Rs.10,86,200/-. The appellant had quoted the rates on the premise that the earth work fo