JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is directed against the impugned judgment and order dated 15.07.2005 passed by the learned Principal Senior Civil Judge, Civil Court (S.D.), Dhrangadhra, (hereinafter be referred to as “the trial Court”) in Special Civil Suit No. 23 of 1996 whereby the trial Court has dismissed the suit filed by the appellant – original claimant.

2. Facts of the present case, in nutshell, are that the appellant has undertaken construction work of Ganjela – Ghanad Road by hot mix plant and paver finishing work and for such construction, the respondents invited tender and estimated cost was Rs.9,14,066/- and the tender of the appellant was accepted being lowest amount at Rs.10,37,464.10. It is the case of the appellant that as per the terms and conditions of the agreement, the appellant had deposited Rs.18,300/- towards requisite fixed deposit and the work order was issued and the work was to be completed within twelve months. It is also the case of the appellant that the respondents have failed to hand over the possession of the site within reasonable time, for which the appellant has drawn the attention to the respondents, however, respondent No.3