JAGAT NARAYAN, J.

( 1 ) THESE are two appeals against the judgment and decree passed by the learned civil Judge, Jaipur, on 22-12-1952.

( 2 ) GIRDHARI Lal instituted a suit on 2-2-1950, out of which these appeals have arisen. The allegations were that the Public Works Department of the then Jaipur state invited tenders for the construction of a hospital at Jhunjhunu, and the tenders submitted by Girdhari Lal were formally accepted on 4-2-1947 (Ex. 2 ). It is alleged that the term of the agreement was that the construction should be completed within one year of the date of the commencement of the work. The date of the commencement was mentioned. to be 12-4-1946, when the executive Engineer asked Girdhari Lal to take the work in hand at an early date. It was alleged that Girdhari Lal collected materials and labour for starting the work, but whenever he started the work, he was told by the officers of the P. W. D. of the former Jaipur State not to start construction, and a letter in writing was given to him on 25-6-1946, Ex. D. 1, that he should not start work, as the design had been changed. The plaintiff waited for a sufficiently long time, and wrote to the Government on 1