( 1 ) THIS is a suit by a contractor for recovery of Rs. 1,36,670/- from the Dominion of India as the value of certain work done in connection with a military hospital at Dacca in the year 1944. A contract was entered into between the plaintiff and the Governor-General of India in Council in November, 1943, being a lump sum contract for Rs. 14,13,647/ -. The contract which is numbered DK/89 was embodied in a tender and conditions of contract as per Drawings and Specifications attached to the tender. To this there was a deviation by an order No. 2027/377/e. 2 made in writing by the Garrison Engineer Dacca on 29th May, 1944. The plaintiff completed the work and submitted his final bill on or about the 14th January 1946 and received payment in full thereof. His case as laid in the plaint is that he thereafter discovered that he had made a mistake of fact and that his final bill did not include the cost of surfacing the floor with cement and sand mixed in certain proportions under the said order of the Garrison Engineer. The plaintiff alleges that by a letter dated 21st January, 1946 he communicated to the authorities about the said mistake.

( 2 ) THE plaintiff filed this suit against

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