M. S. SHAH, BANKIM N. MEHTA, J. ( 1 ) THIS revision application has been placed before us pursuant to the order of reference made by a learned Single Judge of this Court on 19. 3. 1994 on the basis that conflicting views were expressed by the two learned Single Judges of this court one view was expressed by Justice SH Sheth in the judgment 16. 9. 1970 in Civil Revision Application No. 470 of 1968 and the other view was expressed by Justice SD Dave in the judgment dated 18. 9. 1992 in Civil Revision Application no. 1176 of 1986 and other allied matters. ( 2 ) BEFORE narrating the aforesaid views, it is necessary to set out the facts of the present revision application. Respondent herein, M/s K. L. Patel, i. e. Kantibhai Lalubhai patel, is a registered partnership firm (hereinafter referred to as Sthe plaintiff) which had entered into a contract with the State of Gujarat for construction of a road. The plaintiff filed Special Civil Suit No. 231 of 1979 in the Court of the learned Civil Judge (SD), Nadiad, against the State of Gujarat for recovering the following amounts :- .