Judgment

JUDGMENT: - The only question vehemently argued by counsel for the appellant in this appeal was that the respondent plaintiff was not entitled to claim 20 per cent extra over and above the rates originally agreed upon between the parties under the suit contract Ex. A-I.

2. Under Ex. A-1 drainage works for CSIR Laboratory at Uppal was entrusted to the respondent-plaintiff and under the terms of the contract the work was to be completed by the plaintiff within a period of one year, i.e., from 26th March 1951 to 25th March 1952. Admittedly at the instance of the Executive Engineer, P.W.D. due to financial difficulties less budget having been provided for in the year 1951-52 the plaintiff was requested to spread over the work for two years more, that is to say to, complete the same in three years but the respondent-plaintiff was agreeable to spread over the work for two years more as suggested on condition that extra payment will have to be made to him in view of increased rates of either material or wages. The Government did not intimate to the respondent-plaintiff that no extra payment on account of increased rates would be paid to him or that he will have to complete the work