Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Contract for construction---Claim for payment of escalation in price of material---Scope---Plaintiffs being government contractors completed construction work---Provincial Government due to high rise in the prices of building material gave relief package to the contractors but plaintiffs were not given the said relief---Plaintiffs filed suit for payment of "escalation amount" but same was dismissed---Validity---Provincial Government had issued notification for payment of escalation amount to the contractors as per schedule of rates for the year 1999 due to increase in the prices of building materials---Both the courts below had failed to appreciate and interpret the said notification in its true perspective---Impugned s passed by both the courts below were result of mis-reading and non-reading of evidence---Plaintiffs had a cause of action and locus standi who were deprived from the relief in the shape of payment of escalation amount---Judgments and decrees passed by both the courts below were set aside and suit was decreed along with profit at the rate of 6% to be calculated by the Trial Court---Plaintiffs were directed to deposit court fee according to decretal amount calculated during final decree---Revision was allowed accordingly. THIS JUDGMENT PASSED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- This civil revision petition is directed against the judgment and decree dated 17.02.2014, passed by learned Additional District Judge-I, Bannu, whereby appeal filed by petitioners/plaintiffs against the judgment/decree dated 24.09.2012, rendered by learned Civil Judge-VI, Bannu, was dismissed. 2. Brief facts of the case are that plaintiffs being Government Contractors were given contract for the Construction of Government Girls Middle School Rasool Khan Chakk Dadan, District Bannu, vide work construction Order No.8 dated 27.10.2007 and said construction work was completed accordingly. The Provincial Government due to high rise in the prices of building materials given relief package to government contractors vide notification dated 30.12.2015 in the entire province and the claim of payment for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492