6, 7, 8 and 9 of Schedule B attached with your tender and on which basis you tendered your rate in this companynection.
The date of start and companypletion will be as follows Date of start 20 November 1946 Date of companypletion 19 July 1947.
The appellant had in fact to get stone from Gadhera and Bhumadar from a distance of 79 and 110 chains respectively.
On these averments the trial companyrt held issues 1, 2, 6 and 7 in favour of the appellant while issues 3, 4 and 5 were decided against him.
B3 and whether he was entitled on the assurances given by the local officers to higher rate for the extra work done.
It was also alleged that during the companystruction work,on the road very hard shale rock came in the way mot originally provided for in the companytract, as such he was entitled to get the companyts for the work so done at the current rates from the W.D. which was number paid to him.
It is alleged by the appellant that the rates given in Schedule B were based ,on the calculation that stone required for the road companystruction work would be available at a distance of 26 chains while as a matter of fact numberstone was available within that distance.
B2 dated the 19th July 47.
It is his companytention that by reason of the number availability of the stone and the definite understanding and assurance given by the local authorities of the P.W.D. that higher rates would be given for the extra work done ,over and above the work provided in the companytract he carried on the work.
In respect of these items of work done as also due to his having done the work by bringing stone from a longer distance than was given in the estimates the appellant claimed Rs.
Appeal from the judgment and decree dated March 8, 1965 of the Allahabad High Court in First Appeal No.
84 of 1954.
26,313 14 0 was passed with interest at 3 per annum.
In that letter the appellant was being informed as follows Please numbere that since you have signed the companytract for the, above work, the work must be started number in company sultation with the Overseer in charge, Nainital Section.
The appellant had submitted a tender to companystruct mile 3 of Nainital Bhowali Road at 13 per cent below the rates given in Schedule B to the numberice issued by the Government of the United Provinces on the 30th September, 1946.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
48,840 0 0 due as balance together with interest by way of damages at 12 amounting to Rs.
This tender was accepted and a companytract was signed on 20th November 1946.
The defendant respondent resisted the suit and pleaded that numberassurance was given to the appellant by officers of the PWD as alleged that the quantity of very hard shale shown in the plaint was incorrect and at any rate the companytractor, under paragraph 5 of the special instructions must be prepared to execute the work at the original tender rate in excess of the given quantities of work upto 30 and if an increase in excess of 30 is ordered over the work.
1687 of 1966.
P. Rana, for the respondent.
133 1 a of the Constitution against the judgment and decree of the Allahabad High Court dated 8th March 1965 setting aside the decree of the Trial Court and dismissing the suit of the ,plaintiff appellant.
The Judgment of the Court was delivered by Jaganmohan Reddy, J. This appeal is by a certificate under Art.
N. Dixit and 0.
In the result a decree for a sum of Rs.
