This revision petition is filed by the defendant in O.S.407/1996 on the file of the I Additional Sub Court, Ernakulam. The suit was filed by the respondent-plaintiff for passing a decree against the defendant for a sum of Rs. 93,06,869/- by way of compensation foe alleged loss and damages caused to the plaintiff on account of the sinking of the Petroleum Gas Bullet Foundations as a result of the breach of contract and negligence of the defendant in the matter of design and supervision of the construction of Liquefied Petroleum Gas Bullets Foundations. The defendant filed a written statement on 7.12.1996, wherein it was contended that the suit is purely experimental in nature and has been filed without bona fides and with a malicious intention to destroy the professional reputation of the defendant The defendant denied all material allegations in the plaint and prayed for dismissal of the suit. Thereafter the plaintiff filed a replication on 14.3.1997. The defendant filed I. A. 2922/1997 to reject the replication filed by the plaintiff. That application was allowed and the replication was rejected. The Court took the view that if the plaintiff wants to bring out a new fa