JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant – Food Corporation of India (original defendant) under Section 96 of the Civil Procedure Code, 1908 against the judgment and decree dated 23.07.2001 passed by the learned 6^th Joint Civil Judge (S.D.), at Jamnagar (hereinafter be referred to as “the trial Court”) in Special Civil Suit No. 98 of 1985, whereby, the learned Judge has partly allowed the suit filed by the original plaintiffs - respondents herein for recovery of damages and directed the appellant - Corporation to pay Rs.4,46,100/- to the respondents and also rejected the counter claim filed by the appellant.

2. The brief facts leading to present appeal in nut-shell are as under :

2.1 One Kanabhai Somabhai (Plaintiff-respondent, since deceased) was appointed as a stevedore clearing, handling and Transport contractor at Bedi/Rozi port for the period from 04.09.1982 to 03.09.1984 by the appellant after negotiating and telegram of acceptances was sent by the appellant to the deceased respondent which was received by him at Jamnagar. It was alleged by the deceased respondent that on several occasions, the appellant-Corporation had withheld the amount a