1. Being aggrieved by the judgment and decree dated 25.10.1994 in Special Civil Suit No. 165 of 1982 dismissing the suit of the plaintiff with costs; the present appeal was filed by the original plaintiff.

2. FACTS:

Appellant is the original plaintiff (hereinafter referred to as plaintiff). Plaintiff filed a suit for money claim in the sum of Rs.5,62,845.46. Plaintiff averred in the plaint that he is a transporter. There was an emergency work projected by the defendants for transport of coal by road from New Majri Colliery to Paras power station and therefore they made an enquiry with the plaintiff under letter dated 25.4.1979 in which it was stated that the distance between new Majri Colliery to Paras power station was 263 kms. Plaintiff submitted his offer which was accepted as per terms and conditions enumerated in the letter dated 28.4.1979. The transport work was to be completed by the end of June 1979. The rate agreed to be paid was 70 paise per tonne per kilometer. The work being short term emergency, there occurred a mutual mistake amongst the parties in mentioning the distance as 263 kms. when the actual distance was 307 kms. In other words, the distance of 44 km