PROVINCE OF WEST PAKISTAN THROUGH THE SECRETARY, IRRIGATION, — 1953 PLD 277

Citation: 1953 PLD 277

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Petitioner: PROVINCE OF WEST PAKISTAN THROUGH THE SECRETARY, IRRIGATION, JUDGMENT

Headnotes

Case cited as PLD 1953 Lah. 277

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider, Durab Patel Title:PROVINCE OF WEST PAKISTAN THROUGH THE SECRETARY, IRRIGATION, JUDGMENT Reported As: PLD 1972 Karachi 8 Result: Appeal accepted Judgment JUDGMENT DORAB PATEL, J.-This is a first appeal against a judgment of a First Class Sub-Judge, Hyderabad, dated the 27th May 1964 by which the learned Sub-Judge decreed the suit of the respondent against the appellant. 2. The facts material to this appeal are as follows :- The respondent was a contractor and on 16-11-1957 he entered into a written agreement (Exh. 26) with the then Province of West Pakistan for the construction of a bridge on K. B. Feeder Lower at R. D. 4321 of K. K. Road on the terms and conditions specified in the said contract (Exh. 26). Later, however, according to the respondent, the appellants directed him to construct the bridge not at R. D. 4321 but at R. D. 4800 ; and as the soil at R. D. 4800 was hard as compared to the soil at R. D. 4321 he was compelled to incur greater expenditure than anticipated under the contract. But he had nonetheless carried out the instructions of the appellants and was entitled to reimbursement for the additional expenditure properly incurred by him. Further, according to the respondent, after the start of the work, the appellants 2 and 3 had directed him to carry out more items of work which were not contained in the contract and he had complied with those directions and was entitled to reimbursement for all the…

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