JUDGMENT - D.K. DESHMUKH, J.:---Both the suits are filed by the same plaintiffs, defendants are also common, the question that arises for decision is also the same. Therefore, both the suits can be conveniently disposed of by a common order.

2.In both the suits, issue of limitation has been framed i.e. Issue No. 7 which reads as under :-

"Whether the suit filed by the plaintiffs is within limitation?"

Both the parties have agreed to try this issue as preliminary issue. The learned Counsel for the defendants made a statement that he accepts for the purpose of decision of this issue, averments in paragraph 16 of the plaint in both the suits. Both the suits have been filed by the plaintiffs for a decree of damages against the defendant No. 1. According to the plaintiffs, tenders were invited by the defendants for some work to be carried out. The plaintiffs submitted the tender. According to the plaintiffs, tender of the plaintiffs was accepted. However, the work was not commenced. According to the plaintiffs, as a result of acceptance of the tender, a binding contract between the parties has come into existence. According to the plaintiffs, the defendants have committed breach of that co

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