Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Contract for consultancy of construction work---Construction work not completed within specified time by the contractor---Payment of consultancy charges for the extended period of contracts---Scope---Contractor could not complete construction work within specified period---Plaintiff/ consultants rendered further services of consultancy for which suit was decreed by the Trial Court---Validity---Government hired services of plaintiff for consultancy and agreement was executed for completion of work within a period of twenty four months on consideration of fix amount---Terms and conditions were settled and agreed between the parties in the said agreement---Said terms and conditions were binding in nature including terms of responsibilities of the parties---Nothing was on record with regard to extension of carrying out of consultancy for such additional period in written form in lieu of agreement signed between the parties---Parties were not competent to extend the contract of consultancy without reducing the same in written form---Plaintiff had failed to prove its case/claim through documentary evidence---Amount agreed between the parties had been paid---Plaintiff could not be allowed to take benefit/advantage of delay caused by the contractor for completion of work---Impugned and decree passed by the Trial Court suffered from mis-reading and non-reading of evidence which were set aside---Appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of R.F.A. No. 118 of 2009 filed by the appellant Additional Chief Secretary (Development Government of Balochistan and others), against the judgment dated 24th June 2009 (hereinafter referred as, "the impugned judgment and decree") passed by the learned Senior Civil Judge-II, Quetta, (hereinafter referred as, "the trial Court"), whereby the suit for recovery of respondents was decreed. 2. The brief facts arising from the instant appeal are that the respondent filed a suit in the trial Court with the averments that the respondent/plaintiff is a firm of Architect and consultant rendering…

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