JUDGMENT

S. C. AGRAWAL, J:—This appeal by special leave has been filed against the judgment dated March 27, 1973 of the High Court of Delhi in F.A.0. (O.S.) No. 35 of 1968.

2. The appellant, S. Harcharan Singh, was awarded a contract for constructing approaches to the Bridge Structure B-2 on the North Sikkim Road in 1959-60. Under the agreement the appellant was required to do hard rock cutting to the extent of 7,54,530 cft. The rate fixed for the said work in the contract was Rs. 129 per thousand cft. plus 2 per cent. The appellant was required to perform hard rock cutting to the extent of 18,18,704 eft. The appellant claimed payment at the rate of Rs. 200/- per thousand eft. for the additional work of hard rock cutting. He also claimed certain other sums under other heads. The dispute in respect of four heads was referred to arbitration in accordance with Cl. 25 of the agreement. The arbitrator gave his award dated February 5, 1965 wherein he disallowed the claim of the appellant in respect of two items but made an award in favour of the appellant in respect of two items of claim. In this appeal we are only concerned with the claim of the appellant in respect of the additional wor