The present first appeal has been filed by the appellant- original plaintiff being aggrieved with the impugned judgment and order rendered in Special Civil Suit No. 352/90 by the learned Civil Judge (S.D.) at Mehsana dated 31.3.1998 on the grounds stated in the memo of appeal, inter alia, that the court below has failed to appreciate the material and evidence on record. It is also contended that the court below has failed to appreciate that the drawings, designs, plans were not supplied with the tender documents. It is therefore contended that the court below has failed to appreciate that the appellant cannot be said to be guilty of breach of contract. 2. Heard learned advocate Mr. Sukhwani for the appellant and learned advocate Mr. Munshaw for the respondent-Board.
3. As it transpires from the discussion and the findings given on the issues referring to the material and evidence on record in detail, the submissions which have been focused mainly with regard to non-supply of the drawings and material cannot be accepted. There is a specific reference to this aspect in the impugned judgment referring to the fact that letters were addressed for initiation and completion of the work.
4. Therefore, without any elaboration, as this Court is in complete agreement with the findings and conclusion arrived at by the court below, the present appeal deserves to be dismissed and accordingly stands dismissed.
(Rajesh H. Shukla, J.) (hn)