- (1.) Heard the learned counsel for both the parties.
(2.) Delay condoned. Leave granted.
(3.) Learned counsel for the respondent has drawn our attention to a judgment of this Court delivered on 31st January, 2013, in Civil Appeal No. 8415 of 2009 in the case of Assistant Engineer, Rajasthan Development Corporation and Another v. Gitam Singh, reported in (2013) 5 SCC 136.;