Against the order of remand, the appellant came up.

The order of remand was granted after entering into a finding by the first appellate court that the contract will stand frustrated due to supervening impossibility. The said finding and the remand thereof is under challenge. 2. It is a suit for declaration and permanent prohibitory injunction pertaining to a work assigned by the Irrigation Department to the plaintiff to draw an irrigation channel (flue) around 2 kms through a specified area. The original estimate was for Rs.63,00,000/-. Subsequently, it was revised to Rs.83,00,000/-. During the course of construction, it was found that some portion is covered by rocks and it is not possible to construct irrigation channel through the rocky area without removing the rocks. It is on that ground, the plaintiff unilaterally terminated the assignment of work and the contract thereof on the ground that the contract will stand frustrated by the abovesaid supervening impossibility. Strange enough, the plaintiff is the successful bidder to carry out the work. Accordingly, it was assigned. The mere fact that some portion is covered by rock cannot be termed as a supervening impossibi