Law: Contract Act (IX of 1872)

Section: 2 , 3

Contract Act (IX of 1872)--- ---- S. 2(h) --- Law Reforms Ordinance (XII of 1972), S.3 --- Intra-Court Appeal--Contractual rates --- Repair and renovation contracts for repair of roads had been successfully completed --- Authorities slashing agreed rates and unilaterally prepared curtailed final bill --- Contractor challenging such reduction in Court-- Plaintiff's (Contractor's) suit was decreed by High Court --- Validity --- High Court apart from other eKidence examined report of Superintending Engineer wherein it was conceded that there could not be any subsequent change in rates for any reason and that plaintiff had objected to such reduction which in opinion of Superintending Engineer was valid --- Authorities had examined only one witness who besides being not personally conversant with facts, did not even know about report of Superintending Engineer ---Evidence from plaintiff side having remained unrebutted, High Court had correctly decreed suit --- As for award of 10 per cent. interest on the amount decreed was concerned, authorities objection to same was unfounded in view of the fact that contract in question had been successfully completed in 1971, while payment in relations thereto remained due before Court up to 26-2-1995, when judgment was rendered and interest in question, was awarded --- High Court, in Intra-Court Appeal took judicial notice that over the years the average rate of inflation in economy had been more than 10 per cent, annually which was the rate at which purported interest had been allowed --- Judgment and decree being just and proper, appeal against the same was not warranted in circumstances. K.M. Nadeem, Lddl. A.-G. Sindh for Appellant. Qazi Faiz Isa Respondent Date of hearing: 2th April 1996 JUDGMENT WAJIHUDDIN AHMED, J.--The dispute involved in this. appeal pertains to two contracts, executed by the respondent/plaintiff on 15-3-1971 and 29-4-1971. Such were   repair and renovation contracts pertaining the roads and both were successfully completed on 10-12-1971 and 16-12-1971. The dispute, which Was brought before the Court in 1975 through Suit No.23 of 1975 ' pertained to the 7th and 8th running bills which…