Veerender Singh Siradhana, J.

1. By order dated 7th September, 2016, the trial Court declined the application of the plaintiff-appellant under Order 39 Rule 1 and 2 read with Section 151 CPC; of which the plaintiff-appellant is aggrieved of.

2. Briefly, the essential skeletal material facts are that the plaintiff/appellant, in response to a tender notice issued by the defendant-non-appellants, submitted his bid for construction of the wall along with check-post at Terminal Market, Muhana, Jaipur. It is pleaded case of the plaintiff-appellant that despite an agreement executed between the parties on 28th April, 2004; the work order was issued to the appellant-firm only on 24th August, 2004. The appellant was required to complete the construction in an area of 3400 mtrs. by 2nd January, 2005. The lay-out plan for construction work was to be provided within ten days, as contemplated in the order/communication dated 24th August, 2004, but the lay-out plan was provided only for 500 mtrs., and thus, the defendant-non-appellants infringed the condition No. 2 of the agreement. The plaintiff-appellant-firm, vide communication dated 4th December, 2004, informed the non-appellants of