Law:

Section:

Limitation Act (IX of 1908), Arts. 56 & 115-Compensation .for breach of contract-Limitation-Agreement, for construction of a power sub-station, between A & F-Pursuant to contract starting construction but because of failure on hart of F work not complet­ed-Suit by A for recovery of cost of construction already carried out together with interest-Art. 115 and not Art. 56 applicable. S. M. Sohail, Advocate Supreme Court instructed by K. A. Ghani, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 21st February 1972. JUDGMENT SALAHUDDIN AHMED, J.-This petition for leave is from the order of a Division Bench of the High Court of Sind & Baluchistan, allowing the Letters Patent Appeal of respondent No. 1 and remanding the case to the trial Court fur trying certain issues. On 25-6-1955, the petitioner entered into an agreement with the respondent No. 1 inter alia, for the construction by the latter of low tension double feeder 50 K. W. 4:10 volts sub-station for a lump sum of Rs. 1,65,0v'0. According to the terms of the agree­ment the petitioner was to obtain the permission of the relevant authorities for crossing the Railway lines and Rohri Canal and also to secure the necessary site for the location of the sub-station. The respondent started the work in pursuance of the agreement but stopped it on 30-4-1956 because of the failure on the part of the petitioner to obtain the aforesaid permission and the site. On 7-8-1956 the respondent submitted his bill amounting to Rs.66,721 to the petitioner for the work done by the former. On 3-9-1956 the petitioner by letter Exh.7 asked the respondent to hand over the materials in his possession to the petitioner. On 10-6-1959 respondent No. 1 gave a notice of demand for the amount due. On 10-8-1959 respondent No. 1 filed a suit against Col. F. S. Wahiduddin as the Managing Director of Fakir Textile Mills Limited, and against M/s. Fakir Textile Mills Limited for the recovery of Rs. 66,721 together with interests from 6-8-1955. On 7-10-1959 the respondent applied for amendment of the plaint on the ground that through oversight the description of defendant No. 2 was given in' the plaint as Fakir…

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