1. Heard Ms. Nuksungtila, learned counsel who appeared on behalf of the appellants and also heard Mr. C. T. Jamir, learned Sr. Advocate who appeared on behalf of the respondent.

2. This is an appeal under S.96 of the Code of Civil Procedure, 1908 r/w R.29 of the Rules for the Administration of Justice and Police in Nagaland, 1937 directed against the judgment and order dated 30.05.2014, passed by the learned District & Sessions Judge, Dimapur in Civil Suit No. 15/2007.

3. The brief facts of the case leading to this appeal are as follows; The appellants / defendants floated a Tender Notice No. 105/2003 (IT - 3) on 2003, for Execution of the work, ' At LMG - Repairs to main road from 1st BN RPSF / LMG Complex to Recreation Club with Colony road at Loco Colony; BF Colony; S.H Colony et. Under SSE(W) / S / LMG' for an amount of Rs. 38,18,035/-. In response, the respondent / plaintiff submitted his tender vide his letter dated 17.02.2005 and he was selected for the work. Accordingly, on 24.02.2005, an agreement was signed and according to the same the petitioner was to finish the work on or before 16.08.2005. Thereafter, a subsidiary contract agreement was signed by the parties on 12.06