P.K.Deb, J.

1. This appeal has been preferred against the judgment and award dated 23.2.1993 passed by the then Subordinate Judge, 1st Court, Ranchi, in Miscellaneous Case No. 4 of 1989.

2. The respondent entered into a contract with the appellant for construction of Intake Well-cum-Raw Water Pump House at Jarangdih. The work order was issued to the respondent on 16.10.1969. Although the work order for the approved work comprised in the agreement was executed between the parties on 25.10.1969, the work order had already been issued to the respondent on 16.10.1969. The respondent started the execution of the work. However, some dispute arose between the parties subsequently with respect to the shifting of sites and other modification in its design and the nature of the work to be undertaken as per the agreement. The work site was originally at the river bed of Damodar but afterwards it was changed to a place on the river bank. According to the respondent, on this account of shifting of place and modification in the designs, he had to execute the work at a height of 41 foot from the ground level instead of 30 foot. The claim of the respondent was that he wanted to modify/incr