B.L. Yadav, J.

These two analogous appeals (L.P.A. No. 3 of 1991 (R) (hereinafter called as First L.P.A) and L.P.A. No. 4. of 1991 (R) (hereinafter called the Second L.P.A) are directed against the same judgment dated 14.12.1990 of the learned Single Judge of this Court decreeing the suit of the plaintiff-appellant in the second L.P.A. for a sum of Rs.2,09,605/- as damages refusing the relief for penalty holding it to be time barred, The first L.P.A has been preferred by Defendent whereas Second L.P.A has been preferred by plaintiff. As these Appeals involved similar question for consideration it is convenient to dispose of them by a common judgment.

2. The plaintiff-appellant in the Second L.P.A. has filed a suit against the defendant appellant (in the second L.P.A.) for recovery of Rs.5,91,425.23 on account of penalty and damages for breach of contract as contained in Ext. 8. The suit was brought by the plaintiff with the averments that for construction of 32 numbers of F-Type quarters and 39 numbers of H-Type quarters at panchet under Chirkunda Station of Dhanbad District tenders were invited. The defendant-appellant (in the Second L.P.A) submitted tenders on 19.1.1971 wh