Law:

Section:

(a) Limitation Act (IX of 1908)----Art. 64-Account stated-Limitation-Defendants Gas Company's consumers bills payable at end of each month and plaintiffs purchasers promptly paying up such bills-Plaintiff in debt throughout, accounts one-sided and mutuality, essential element of current and open account, not existing-Question of final settlement of accountsâ-ž held did not arise in circumstances hence Art, 64 not applicable. (b) Contract Act (IX of 1872)- --Ss. 7, 8, 9, 63 & 72-Implied agreement-Contract between Gas Company (appellant-defendants) and consumers (respondents-­plaintiffs) providing for upward revision of price of gas in case of rise in price of furnace oil beyond certain limit-Defendant subsequently modifying clause of agreement empowering them to discontinue supply in case of price of furnace oil rising beyond given figure and agreeing that "should the price of oil reach the quoted figure . . . . this would naturally be subject to negotiations"-Rise in price of furnace oil over-reaching prescribed limit, defendants notifying plain­tiffs of their intent to increase price of gas-Plaintiffs paying defendants consumers bilk without protest at increased rates for almost two years and also getting supply of gas extended to other premises but making protest against increased rates two years after wards­ Held : Doctrine of acceptance by silence applied to case-Plaintiffs accepted increased rates by their conduct before commencement of supply of gas, dispensed with requirement of negotiations, and could not retract from such position.-[ Muhammad Yaqoob Ali, J. (contra) 1. Per Anwarul Haq, J.--The contract between the parties to the present dis­pute spelt out of three letters exchanged between them. The original stipulation, as contained in the defendants' letter, to the effect that "notwithstanding any­thing herein contained, if such price of oil should, at any time, during the con­tinuance of this agreement exceed Rs. 99 per ton, then we shall be at liberty to terminate our obligations hereunder by giving you not less than thirty days notice of our intention so to do", stood modified, by the defendants' letter which stated that "I confirm that the…

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