( 1 ) THE above mentioned Second Appeal, Cross Appeal and Civil revision have arisen out of the Civil suit No. 196 of 1995, Dayal construction Company v. Union of India, as such all the three cases are being taken up together for their disposal.

( 2 ) THE brief facts of the case are that M/s. Dayal Construction company (plaintiff/decree holder), instituted a suit for declaration and a permanent mandatory injunction before Civil Judge, Nainital, with the allegations that plaintiff is a firm engaged in the business of building construction activities, and Shri Deen Dayal Bhatt (plaintiff no. 2) is the sole proprietor of the said firm. The plaintiffs entered into an agreement with Union of India (defendant/judgment debtor) for construction of inspection quarters being constructed between a period from 6-12-1989 to 5-5-1991. As per the plaint allegations, plaintiffs were obliged to start the execution of the work only after pre-requisite conditions contained in the agreement between the parties are fulfilled but unfortunately, the defendants did not discharge obligations on their part which ultimately resulted in delay in completion of the construction work. Due to