Judgment

P. JAGANMOHAN REDDY J.: This appeal is by a Certificate under Article 133 (l) (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.

2. The Appellant had submitted a tender to construct mile 3 of Nainital Bhowali Road at 13 per cent below the rates given in Schedule B to the Notice issued by the Government of the United Provinces on the 30th September, 1946. This tender was accepted and a contract was signed on 20th November 1946. It is alleged by the Appellant that the rates given in Schedule B were based on the calculation that stone required for the road construction work would be available at a distance of 26 Chains while as a matter of fact no stone was available within that distance. The Appellant had in fact to get stone from Gadhera and Bhumedar from a distance of 79 and ll0 chains respectively. It is his contention that by reason of the non-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 a