Case Details

Citation(s)
1981 SLG 3268 = 1981 SLD 3268 = 1981 CLC 1500
Court of Special Judge, Karachi
Suit No. 174 of 1978, decided of 23rd September, 1979.
Presented By: Ajmal Mian, J
Muhammad Ali Sayeed for Plaintiff. Muslim Naqvi for Defendants.

R. M. GULISTAN-Petitioner

VERSUS

XARACHI METROPOLITAN CORPORATION-Respondent

Law: Civil Procedure Code (V of 1908)

Section:  O. XII, r. 6, O. VI

(a) Civil Procedure Code (V of 1908)  O. XII, r. 6-Decree on admission awarded building contract by defendant for a lump sum-Plaintiff making claim for escalation of prices during execution of work-Defendant paying certain amounts to plaintiff towards their claim for escalation oil basis of recommendation of a Committee--On objection by Assistant Direc tor Local Fund Audit. defendant deducting price of cement supplied by defendant from gross bill and granting escalation on net amount instead of gross amount of running bills-Controlling Authority directing plaintiff to be paid escalation on gross amounts of running bills prior to a certain date-Defendant paying escalation on gross amounts of running bills-Plaintiff contending such conduct of defendant itself constituted…
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