also contends that since there is a variation of contract between the plaintiff and defendants Nos. 1 and 2, his surety has been discharged. Therefore ... Indian Contract Act of 1872. Section 133 of the Contract Act reads as hereunder :
"Discharge of surety by variance in terms of contract
make any further payment in view of the unilateral variation of
the contract by the defendants in permitting such vehicles which
was not contemplated under ... revenue collection of the plaintiff, the plaintiff claimed
unilateral variation in the contract imposed by the defendants and
had chosen not to pay any amount
revision petition
needs to be dismissed.
11. In support of variation of contract, Sri
Krishnamurthy placed on record the decision rendered ... compromise dated 27.11.1980 even
then in view of substantial variation in contract the
guarantors stand discharged from their liability.
19. Now, the decree dated
petitioner had also invoked
Cause-24 of the Special Conditions of Contract and called
upon respondent to appoint an Arbitrator named ... between the parties clearly mentions that "LUMPSUM
FIXED PRICE NO VARIATION CONTRACT FOR
CONSTRUCTION AND COMMISSIONING OF ALL THE
WORKS WITH 2 YEARS DEFECT
also contends that since there is a variation of contract between the plaintiff and the defendants 1 and 2, his surety has been discharged. Therefore ... Indian Contract Act of 1872. Section 133 of the Contract Act reads as hereunder:
"Discharge of surety by variance in terms of
contract
omitted to be included in
the contract documents. For any subsequent
variations, the legal requirement is to take steps for
alteration and amendment ... specific term either in
the Tender or in the Contract that the variation in
enhancement of minimum wages by the statutory
2
Comap
make any further payment in view of the unilateral variation of
the contract by the defendants in permitting such vehicles which
was not contemplated under ... revenue collection of the plaintiff, the plaintiff claimed
unilateral variation in the contract imposed by the defendants and
had chosen not to pay any amount
learned Counsel for the respondents submitted that there is clear variation from the original contract as per Ex.P-1 and pointed out that under ... extension of time would not in any way alter the contract or amounts to variation in the pleadings or the proof of the contract
limit of 24 kms. imposed for variations or extensions of the route. As curtailment is different from variation or extension and as the statute prescribes ... grant more than one variation of the conditions of contract and all variations granted by Transport Authority beyond the first variation of conditions of permit
authority and that in any event, there was no variation in the terms of the contract stipulating the rates of transportation of goods. But, still ... appellants, there was a variation of the terms of the contract and that variation provided for enhancement of the rates which is disputed
