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Showing contexts for: material surplus in State Of Rajasthan vs Ram Kishan on 6 May, 1977Matching Fragments
11. The decision on the point of limitation must turn on the right construction of Article 56 of the Limitation Act in the context of Clauses (6) and (7) of the agreement.
12. The contract between the parties was a contract in the standard printed form of Building Contracts. It contains Clauses (6) and (7) reading as follows:--
"Clause 6.--Final certificate.--On completion of the work the contractor shall be furnished with a certificate by Chief Engineer or other duly authorised Engineer (hereinafter called the Engineer-in-charge) of such completion, but no such certificate be given, nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials and rubbish, and cleaned off the dirt from all wood-work, doors, windows walls, floors or other parts of any building in, upon or about which the work is to be executed, or of which he may have had possession or the purpose of the execution thereof, nor until the works shall have been measured by the Engineer-in-charge or his subordinate which measurements after approval by the Engineer-in-charge if the measurements were taken by a subordinate shall be binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to removal of 'scaffolding, surplus materials and rubbish and cleaning off dirt on or before the date fixed for the completion of the work the Engineer-in-charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realised by the sale thereof."
13. On a plain construction of Clauses (6) and (7), it is clear that the parties by contract bound themselves of these terms:
(i) On completion of the work, the contractor is to be furnished a completion certificate by the Engineer-in-charge;
(ii) The work shall not be deemed to be completed until
(a) the contractor removes all scaffolding, surplus materials and rubbish from the work-site and cleans all dirt on or before the date fixed for the completion of the work. On his failure to do so, the Engineer-in-charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish;