“CR

JUDGMENT

Harisankar V. Menon, J The unsuccessful additional plaintiffs 2 to 4 in O.S.No.1551 of 1991 on the file of the Principal Sub Judge, Thiruvananthapuram, are the appellants in this Regular First Appeal filed under Section 96 read with Order 41 Rule 2 of the Code of Civil Procedure (CPC). The suit was originally filed by the appellants’ deceased father, Sri. E.M. Varkey, who was a contractor by profession. Pending the suit, Sri. E.M. Varkey passed away, and therefore the appellants herein, in their capacity as the legal representatives of the deceased, got themselves impleaded in the suit as per order dated 24.09.1993 in I.A.No.3981 of 1993 and I.A.No.3982 of 1993. The above suit stood dismissed by a judgment and decree dated 27.09.2006, and it is challenging the above judgment and decree that the captioned appeal is filed by the appellants herein.

2. The short facts necessary for the disposal of this appeal are as under:

Sri. E.M. Varkey was a contractor by profession, and he had undertaken a contract for the work of “Sabarigiri Augmentation Scheme - construction of a Diversion Tunnel from Gavier to Meenar I – balance works” pursuant to an agreement dated 23.09.1981. The per