Judgment

CHINNAPPA REDDY , J.:- Not content with raising a false plea, the appellant, Union of India, has preferred this appeal on a technical ground. The respondent-plaintiff undertook the construction of a hard Runway, taxi tracks and dispersal roads at Dalbhumghar Aerodrome. There was a formal written agreement between the parties (Agreement No. A-VII/96 of 1944-45). The respondent completed the work in 1945. The agreement provided for the work to be done "with stone at site", As no stone was available at the site, stone had to be obtained by blasting a rock in a Hillock. The rates stipulated in the agreement were on the basis that stone was available at site and not on the basis that stone had to be obtained by blasting rock. Some of the rates, therefore, required revision. There was a conference between the parties in November, 1947. On the side of the Government the Superintending Engineer, the Executive Engineer and the Deputy Accountant General were present. In respect of fourteen items of work the old rates were not altered. In respect of ten items of work only the rates were altered. Out of these ten items rates were substantially increased for nine items but slightly decr