- (1.) Leave granted.
(2.) These appeals assail the judgment dated 15.06.2010 in R.F.A. Nos.1051 of 2003 and 1076 of 2003, by which the High Court of Karnataka vide the common impugned judgment reversed the judgment of the trial court and allowed the appeal of respondent-defendant. While doing so, the High Court dismissed the cross-appeal preferred by the appellant-plaintiff.
(3.) Briefly stated case of the appellant-plaintiff is that appellant-company is engaged in construction of dams and other civil works and registered as a civil contractor for the Government of Karnataka amongst others. The respondent-defendant invited tender on 17.08.1991 "for constructing a compound wall along the boundary line of Kavika and also for constructing underground sump, shed to store useful laminations and also core assembly shop for these works". The appellant responded to the said tender and appellant's tender was accepted by the respondent. On 12.02.1992, a contract was executed between the appellant and the respondent incorporating the terms and conditions and the cost of work was estimated at Rs.10,86,200/-. The appellant had quoted the rates on the premise that the earth work for the foundation was to the depth of 1.5 metres and average width of 4.25 metres. However, after the work commenced, even while digging earth to one foot depth, it was noticed that soil was caving in and there was seepage of water from Vrushabhavathi river. The appellant was instructed by the respondent's engineers to dig earth up to four metres depth until hard soil bed is reached. Accordingly, in order to make a trench of four metres depth, appellant had to excavate earth commencing from width of six metres at the ground level and the entire nature of work changed and appellant had to incur additional expenses on account of the changed plan. The changed measurements were verified by the engineers nominated by the respondent and a payment of Rs.4,50,000/- was made in two running bills. The respondent then asked the appellant to stop the work till the new designs are given by the respondent which was not forthcoming. Vide several letters appellant sought permission for continuation of the work, but, there was no response from the respondent. Finally, after issuing legal notice dated 15.03.1993, for which no reply was given by the respondent. The appellant filed a civil suit being Original Suit No.11037 of 1993 in the court of Additional City Civil Judge, Bangalore, making a claim of rupees thirty lakhs under various heads, interalia, on the work already completed, towards the extra earth work, stocking of materials and also liquidated damages and others.;