BALAJI PAPER AGENCY Vs. MYSORE PAPER BOARD COMPANY

JUDGEMENT

(1.) this appeal is preferred against the judgment and decree dated 10-8-1979 passed by the learned viii additional civil judge, Bangalore city in o.s. No. 243/1976. The appellants are defendants 1 and 2. The respondents-1 and 2 are plaintiffs 1 and 2 and respondent No. 3 is defendant No. 4.

(2.) respondents-1 and 2 filed the aforesaid suit for recovery of a sum of rs.94,909-43 ps. From the defendants 1 to 4. We may also mention that defendant No. 3 is not made a party to the appeal because the suit has been decreed against defendant No. 3. Defendant No. 3 is a partnership firm of which the 4th defendant who is 3rd respondent in the appeal is one of the partners.

(3.) the suit was based on the ground that the plaintiffs supplied certain goods to defendants 1 and 2 at the instance of defendant No. 4 who represented to the plaintiffs as the partner of defendants 1 and 2. That defendants 1 and 2 received the goods and agreed to pay the price of the goods after a certain date and thereafter did notpay the price of the goods and agreed to send in lieu of the price of the goods, another commodity of the value; that the defendants also failed to supply the other commodity. Instead of that, the defendants had sent the very same commodity which was sold by the plaintiffs to defendants. The plaintiffs refused to receive the same. However, as the same was sent through railway wagon, in order to avoid demurrage, the goods were received and sold; that after the sale amount was adjusted towards the value of the goods sold by the plaintiffs, it was stated by the plaintiffs in their plaint that a loss of Rs. 58,298.40 ps. Had been caused to them. In addition to this the plaintiffs also claimed interest on the value of the goods sent by them on 18-11-1979 pursuant to the earlier agreement and they have also claimed rebooked railway fare, demurrage, octroi, etc.