JUDGMENT

This appeal suit has been filed under Section 96 and order XLI Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred as ‘CPC’ for short] challenging the decree and judgment in O.S. No.295 of 1993 dated 29.06.1996 on the files of the Sub Court, Kattappana. The appellant herein is the plaintiff and the respondents herein are the defendants in the above suit.

2. Heard the learned counsel for appellant and the learned Government Pleader appearing for respondent 1 and 2. Though, notice issued to the 3^rd respondent has been signed, he did not appear. Perused the verdict under challenge.

3. Parties in this appeal shall be referred with reference to their status before the trial court.

4. Short facts: The plaintiff, who was a licensed contractor, executed an agreement with the 1^st defendant on 02.08.1983 for the work relating to improvements of Rajakkad- Ponmudi road. Due to some inconvenience, the work as agreed could not be executed by the plaintiff. At this juncture, alleging negligence on the part of the plaintiff in the matter of execution of the work, the 2^nd defendant terminated the contract as per Ext.B2(a) termination order dated 11.03.1988. Hence, the plaintiff