( 1 ) THIS appeal is filed against an order below Exh. 6 in special Civil Suit No. 104 of 1988 passed by the Second Jt. Civil Judge (Senior Division), Jamnagar on 12/03/1992.

( 2 ) THE appellant is the original plaintiff, who was given a contract by hindustan Zinc Limited, first respondent (Ori. Defendant No. 1) for construction of besunda Dam situated in Udaipur District of Rajasthan State after inviting tenders from general public. The plaintiffs tender was accepted and the contract was entered into between the plaintiff and the defendant No. 1. The contract was for Rs. 2. 49 crores. As per the condition of contract, 10% of the tender amount was agreed to be given by way of Bank guarantee and accordingly the plaintiff gave Bank guarantee of Rs. 25 lacs on 17/03/1987 of the defendant No. 2-Bank. It is the case of the plaintiff that the contract was in the two parts and the work was to be completed in two stages. So far as the first stage was concerned, it was a substantial one; while the second stage was only of Rs. 30 lacs. It is his case that he has completed first stage of the contract to the satisfaction of the first respondent. However, so far as the second stage i