( 1 ) HEARD learned Assistant Government Pleader Mr. M. K. Patel for the appellant State of Gujarat; Mr. G. T. Dayani for Ms. Maya Bhavnani for the respondent original plaintiff. In this first appeal, the appellant original defendant has challenged the judgment and decree passed by the Civil Judge, (S. D.), Jamnagar in Special Civil Suit NO. 30 of 1977 dated 14/12/1982 wherein the trial court has directed that the plaintiff shall recover from the defendant a sum of Rs. 2,27,758. 00 with proportionate costs and interest at the rate of 6 per cent per annum from the date of the suit till realization in full. Under the said decree, the appellant original defendant was directed to bear its own costs.

( 2 ) BRIEF facts leading to the filing of the present appeal are to the effect that the present respondent original plaintiff entered into an agreement with the Executive Engineer, Irrigation Division, Jamnagar for the work of construction of Earthen Dam, Wasterweir and outlet of Fulzer II Irrigation Scheme. Said contract was entered into B-2 Form which is a usual Public Works Departments Form. Said agreement contains mutual bilateral reciprocal contractual obligation on the