ORDER :

1. The appellants, who were original defendants, have filed the present First Appeal on being aggrieved and dissatisfied with the judgment and decree dated 30.12.2000 passed by the Second Joint Civil Judge (SD), Himmatnagar, in Special Civil Suit No. 122 of 1990. Cross objections have been filed by the original plaintiff who filed the Civil Suit.

2. The case of the respondent-plaintiff, as narrated in the judgment and decree are as under:

“1. The plaintiff is an engineer and contractor and registered under “A” Class, under the list of maintained by Public Works Department (PWD) and also approved by the various other authorities and is carrying on its activities as engineer and contractor. The Executive Engineer, Public Health Works Division, Himmatnagar, now renamed as Executive Engineer, Gujarat Water Supply & Sewerage Board, Himmatnagar. The defendant no. 2 had invited the tenders publicly on behalf of the defendant no. 1 for the work of laying sewerage collecting system at Talod and accordingly the plaintiff had purchased a blank tender form and had filled in the same and as the rates quoted by plaintiff was found lowest and compensative, hence the tender of the plaintiff w