Rajesh H. Shukla, J.

1. The present first appeal is filed by the appellants-original defendants being aggrieved with the impugned judgment and order in Special Civil Suit No. 24/85 by the 5th Jt. Civil Judge (S.D.), Rajkot, dated 19.4.1999 allowing the suit of respondent No. 1-original plaintiff.

2. The facts of the case, briefly stated, are that respondent No. 1 original plaintiff, Rajkot Jilla Panchayat, functioning under the Gujarat Panchayats Act invited tenders for the purpose of construction of bridge and approach near Village Ukarda for which provision was made by the State Government in the Budget for 1970-71. Appellants were awarded the tender which was approved by a resolution of the Executive Committee dated 5.8.1972. The work order was given on 4.9.1972 and the work was required to be completed within 24 months. There was an additional item provided than the tender and it is the case of respondent No. 1 original plaintiff Jilla Panchayat that through oversight excess payment has been made. Moreover, the work was not carried out properly by the appellants-original defendants (contractor) for which vide communication/notice, exh. 38, the original defendants were c