( 1 ) THIS is a contractor's suit for recovery of the sum of Rs. 50,000/- with lute-rest. There is a prayer for accounts if necessary. It is alleged in the plaint that the contractor was employed by the C. P. W. D. , for construction of a hard-runway, taxi tracks and three dispersal roads. As is usual in the case of Government contracts there was an invitation to tender pursuant to which the plaintiff submitted a tender. This tender of the plaintiff was not accepted. It is the plaintiffs case that subsequently the plaintiff was urged to take up the contract on terms and conditions contained in two letters passed between the parties in January 1943. Copies of these letters are annexed to , the plaint. The formal contract was signed by the parties much later in February, 1944. This formal contract was introduced in the plaint by an amendment effected in December, 1955. The case made in paragraph 1 of the amended plaint is that the formal contract in the instant case was subject to the terms contained in a contemporaneous letter dated 28/29th February 1944. The original case in the plaint to the effect that the terms were recorded in the two letters dated January, 1