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Suit No. 174 of 1978, decided of 23rd September, 1979.
‑‑‑‑ 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 admission on its part‑Held, admission cannot be spelt out on basis of interpretation given various departments to rule and whether plaintiff entitled to receive escalation on gross amounts of running bills or on net amounts, an issue to be decided at trial of suit. ‑[Admission].
-----O. VI, r. 6‑Service of notice‑Presumption‑‑‑Defendant contending---no statutory notice having been served upon it before filing of suit and so plaintiff not entitled to costs or interest‑Defendant not raising any such plea in written statement‑‑Held : Non‑service of notice cannot be presumed in circumstances.‑[Pleadings].
Muhammad Ali Sayeed for Plaintiff.
Muslim Naqvi for Defendants.
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