SURENDAR KUMAR GUPTA Vs. H L SEHGAL

JUDGEMENT

(1.) Thig is a revision petition under Section 115 of the Code of Civil Procedure. The petitioners herein are defendants in a suit which was filed by the reipondent H. L. Sehgal ai Karta of M/s. Sehgal Industrial Works on January 17, 1975 for recovery of Rs. 13.000.00 .

(2.) According to the allegations in the plaint, the plaintiff secured an order for the supply of 100 monkey cages from M/s Vita Private Ltd. Delhi. He entered into an agreement wiih the petitioneris/defendants for the manufacture of thoic cages. Under the arrangement the plaintiff, inter alia, was to supply machines lying with him required for the manufacture of the cages. The machines of the value of Rs.24,000.00 were duly supplied. Before the work could be completed some disputes arose between the partics and ultimately it was settled that the defendants would supply him 100 cages at the rate of Rs. 295.00 per cage. Out of 100 cages 11 bad already been supplied and rest were to be supplied by specified dates The machines alleged to have been supplied by the plaintiff were to be returned back on the completion of the work. The defendants allegedly committed breach of this agreement resulting into a claim for damages etc amounting to Rs. 17.376.00 out of which the plaintiff gave up Rs. 4.376.00 and claimed only Rs. 13.000.00 .

(3.) During the pendency of this suit the plaintiff, it appears, filed separate suits for the return of machines and/or recovery of damages for the use of those machines by the defendants which suits Were dismissed being barred by the provisions contained in Order 2 Rule 2, Code of Civil Procedure.