Law:

Section:

Contract -Building contract with Government-Contractor aware of Schedule of rates prevalent on date of contract and subsequently starting work--Any change in Schedule of rates brought about subsequently would not be applicable bf respect of contract already acted upon -Any gratuitous concession in this respect by Department concerned in favour of Contractor after work under contract already executed-Not enforceable in Court of law-Work executed in addition to that contracted for, however, would not be governed by terms of contract. The plaintiffs were not only fully aware of the rates which existed on the date when they put in the tender but also submitted the tender fully accepting the rates as then existing. Any subsequent change in the schedule of rates would obviously be not applicable to the plaintiffs in respect of their contract. The governing factor in regard to work already executed under a contract is the language of the Individual contract, and this is perfectly in accordance with the law of contract. Any gratuitous concession in this respect by the Department concern­ed in favour of the contractors at any particular point of time after the work under the contract had already been executed, is not legally enforceable in a court of law, either by way of admission, estoppel or otherwise. S. M. Zafar, Senior Advocate Supreme Court instructed by Muhammad Tariq Khan, Advocate-on-Record for Appellants. Burhanuddin, Advocate-General, N.W.F.P. instructed by Amirzada Khan, Advocate-on-Record for Respondents. Dates of hearing: 2nd, 3rd and 4th May 1973. JUDGMENT SALAHUDDIN AHMED, J.-This appeal, by special leave, is from the judgment and decree of a Division Bench of the then High Court of West Pakistan, Peshawar Seat, allowing the respondents' appeal in part and modifying the judgment and, decree of the trial Court in favour of the plaintiff's-appellants. Leave was granted to consider as to whether the appellants were entitled to receive payment for the work executed in pur­suance of their contract at the original rate of 1950 or on the basis of the amended rate of 1954. Appellants Nos. 1 (a) to 1(k) are the successors-in-interest of one Abdul Munaf. Abdul…

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