1. This is an appeal against the judgment and decrees dated 26th October, 1978 in Special Civil Suit No.215 of 1972 on the file of Joint Civil Judge, Senior Division, Pune. I have heard the learned Counsel appearing for both the parties.

2. The appellants - plaintiffs filed a suit in the trial Court for recovery of money in respect of a building contract. The plaintiffs' case is that defendant company entrusted construction of a bungalow and a factory to the plaintiffs. It appears the construction had been done by a previous contractor and then work was entrusted to the plaintiffs. The plaintiffs submitted their estimates and also rates which were accepted by defendant with some modification. The work was entrusted to the plaintiffs sometime in February 1970. It is also plaintiffs' case that part of the work done by previous contractor was not of good quality and the matter was examined by the Architect Mr. Nene. When the work was in progress, the defendant also entrusted some additional work to the plaintiffs. The understanding was that plaintiffs should go on giving running bills and defendant should go on making payments. Accordingly, plaintiffs started the work and was giving ru