JUDGMENT :

Hemant M. Prachchhak, J.

1. The appellants State Authorities have preferred present appeal under Section 96 of the Civil Procedure Code read with section 41 of Civil Procedure Code against the judgment and decree dated 30.10.1999 passed by the Civil Judge (S.D.) Bharuch (hereinafter be referred to as the "trial Court") in Special Civil Suit No. 149 of 1991, whereby the suit was partly allowed an amount of Rs. 9,72,582/- along with 12% simple interest was awarded in favour of the present respondent-original plaintiff.

FACTS OF THE CASE

2. The facts giving rise to present appeal are that the respondent herein-original plaintiff (hereinafter be referred to as the "plaintiff") is an Engineer and Contractor, duly registered as a P.W.D. contractor and with other departments. The present appellant No.2- original defendant No.2, Executive Engineer, Roads and Buildings Division, Bharuch, on behalf of original defendant No.1, had invited tenders for construction of an Administrative Block and Workshop Building for Muni I.T.I. at Jhagadia in Bharuch District.

2.1 The plaintiff had submitted his tender, which was found to be competitive and was accepted by defendant No.2. The plaintiff w