Common Judgment: (M. Chockalingam, J.)

1. This judgment shall govern these two appeals namely OSA Nos.15 and 268 of 2002, the former at the instance of the defendant and the latter at the instance of the plaintiff in C.S.No.1331 of 1993.

2. The respondent/plaintiff has filed C.S.No.1331 of 1993, seeking declaration and other reliefs, with the following averments:

a) The plaintiff, a partnership firm, are engineering contractors. The defendant called for tenders for the work of suction well and pump house including all pipe connections and allied civil works under the Coimbatore Drainage Scheme. The tender of the plaintiff was accepted and the work was awarded to the plaintiff and the plaintiff was issued work order, dated 13. 1990. The plaintiff entered into an agreement dated 26. 1990, and the plaintiff also deposited Rs.10,750/-towards earnest money deposit and also furnished the details regarding security deposit and other particulars as early as on 4. 1990, but the defendant did not finalize the agreement, and the same was done only on 26. 1990. The plaintiff has completed 90% of the work and on the oral instructions of the defendants Engineers and with a view to kee