ORDER

Delay condoned.

2. Leave granted. We have heard learned counsel on both sides.

3. This appeal by special leave arises from the judgment of the Gujarat High Court, dated August 21, 1995 passed in First Appeal No. 3875/95.

4. Admittedly, the respondent-contractor had entered into an agreement No. B-1/17 of 1981-82 to complete the work of protective measures for the road bridge across river Ambica. The appellant had issued the work order on June 3, 1981. It is true that there was a delay in handing over the work sheet and the specifications. But the trial Court after considering the entire evidence had noted its finding thus :

"In the present case the land on which the construction work was required to be made was a land of the Government and not of private party or private owner, so there was no hurdle in the construction work of the plaintiff but the plaintiff himself has left the construction and hence, in the present case, only the plaintiff can be held a person who has revoked the contract. Before revoking the contract, the plaintiff was given sufficient time and reasonable opportunity to complete the work but the plaintiff has not done anything to complete the work and left