1. - This appeal is directed against the judgment and decree dated August 12, 1969, passed by the learned District Judge, Bhilwara.

2. Briefly stated the facts of the case giving rise to this appeal are as under : The State of Rajasthan through the Executive Engineer, PWD, at Udaipur and the Executive Engineer, PWD at Bhilwara invited tenders for the construction of several items of work for the metalled road from Mile No. 30 to 34 and 34 to 38. The plaintiff's tender being the lowest @ 11% above the 'G' Schedule was accepted at Bhilwara, with the prior sanction of the Chief Engineer, PWD on 11-2-1958. Contract agreements for the two works, Ex.A-5 and Ex.A-6 were duly executed from both the sides. On 1C-2-1958 the work order was issued with a direction that the road construction was to be completed by 14-2-1959. This is the admitted position of the parties.

3. The plaintiff has filed a suit for material supplied and work done amounting to Rs. 77,388/- on the ground that due to lack of timely cooperation on the part of the defendant and not raking the payment at proper time plaintiff could not complete the work at the stipulated time. It was also the grievance of the plaintif