CHHANGANI, J.—In Civil Suit No. 2/1961 the plaintiff claimed a decree for Rs. 28,907.44P. The learned District Judge, Kota passed a decree of Rs. 17,340.26P and dismissed the rest of the suit. It is against this decree that the defendant State has filed this appeal for the dismissal of the entire suit and the plaintiff-respondent has cross-objected and has claimed an additional decree for a sum of Rs. 6,835.29 P.

2. For the construction of Kansuan Aqueduct situated in Tehsil Ladpura, District Kota, the tender dated 29 9-1954 of the plaintiff was accepted by the Executive Engineer by his letter dated 29-1-1955. An agreement No. 26 of 1954 55 to that effect was executed between the parties. In terms of the agreement, the work was to be completed by the plaintiff contractor upto 9-1-1956. According to the plaintiff, there were heavy monsoon in Rajasthan in the year 1955 and on account of that earth filed on 3-1/2 bays and behind the abutment and guide wall was washed off sometime in the month of August, 1955 and had caused damage and delayed the completion of the work. However, the plaintiff continued the work. He also applied for the extension of time. The extension was not formally g

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