Law:

Section:

Limitation Act (IX of 1908)--- ----Art. 56 & 115---Suit for recovery of price of work done by plaintiff for defendant---Limitation---Suit filed on 27-10-1998 under agreement dated 21-10-1996---Agreement was executed on 17-10-1996 and defendant alleged that agreement was cancelled on 21-10-1996---Such suit was not time-barred for having been filed within prescribed period of three years. AIR 1925 PC 232 ref. JUDGMENT SYED HASAN AZHAR RIZVI, J.---The brief facts of the present case are that the plaintiff is a Consulting Engineer and was engaged by the defendant No.1 to provide consultancy services in connection with the work done in K.M.C., Districts South and West Karachi. An agreement dated 17-10-1996 was executed between the parties, the defendant No.2 is the principal officer of defendant No.1. The plaintiff rendered his services in terms of the aforesaid agreement and his performance was to the entire satisfaction of the defendants which were fully benefited. The total work done by the defendant No.1 was to the tune of Rs.28 crore and they also received payments from KMC from time to time for the said work. According to Clause 7.0 of the aforesaid agreement dated 17-10-1996, the plaintiff was entitled to receive as his remuneration of 1.25% of the amount of the cheque paid to the defendant No.1 by KMC (for the said work), the remuneration of the plaint thus comes to Rs.35 lac in terms of the mutual arrangement. The plaintiff submitted his bills of remuneration to the defendant No.1 who did not pay the same to the plaintiff. The plaintiff sent legal notice dated 2-5-1998 to the defendant No.1 demanding his remuneration; but the defendant No.1 vide its letter dated 4-6-1998 refused to make any payment, hence the plaintiff has filed the present suit before --this Court with the following prayer: (i) "judgment and decree for Rs.35,00,000 against the defendants, (ii) mark-up at the rate of 20% p.a. from the date of the suit till the recovery, of the decretal amount, (iii) cost of the suit, and (iv) any other relief which this Hon'able Court may deem fit and proper." Summonses were issued to the defendants Nos.1 and 2 by this Court. Mr. Mahmood Ahmed Khan,…

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