MAHABIR PARSHAD JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) At what rate is the contractor to be paid for the extra work done by him, is the question involved in this appeal.

(2.) On 11th October, 1956, Mahabir Parshad Jain was given a contract of the construction of dual carriage way in mile 11/5 to 19/3 of Delhi Mathura road by the Executive Engineer, Public Works Department, Buildings and Roads, Gurgaon, at the rates tendered by the former and accepted by the latter. In the agreement Exhibit D-l arrived at p. 2 between the parties, it was stipulated that the earth work would be done and paid at the following :

(3.) It is the common case of both the contractor and the Punjab State before us that the rates mentioned above meant that for the construction of the road if the earth was brought by the former from 100 feet, then he would be paid at the rate mentioned in clause (a) above. If however, he had to go at a distance of 100 feet, over and above the first 100 feet, but up to a maximum lead of 400 feet only, then he would receive the rate stated in clause (b).