DALMIA CEMENT BHARAT LTD Vs. T V OOMMEN

JUDGEMENT

(1.) Second Appeals 153 of 1981 and 168 of 1981 arise out of two suits OS 12 of 1973 and OS 30 of 1975 on the file of the Subordinate Judge's Court Kottarakara filed by the respective plaintiffs as sub-agents or substituted agents for accounts against the principal. Second Appeal No. 189 of 1981 arises out of OS 42 of 1973 on the file of the same court by the plaintiff claiming to be the agent of the defendant for accounts of dealings between them. The first defendant is the appellant in S.A. Nos. 168 and 153 of 1981 and the only defendant is the appellant in S.A. No. 189 of 1981. The appellant in these appeals is a company by name Dalmia Cement (Bharat) Ltd. The company bad filed OS No. 42 of 1973 for recovery of amounts due under a promissory note Ext. B-9 executed by the plaintiff in OS 12 of 1973. SA No. 166 of 1981 is by the company against the dismissal of the suit OS No. 42 of 1973 by the Courts below.

(2.) The principal question for consideration in S. A. Nos. 153, 168 and 189 of 1981 is relating to the interpretation of Ext. B2 agreement between the appellant company and one B. P. Jacob who is the second defendant in OS Nos. 12 of 1973 and 30 of 1975 and the plaintiff in OS No. 48 of 1973. All the cases were jointly tried and evidence was recorded in OS No. 12 of 1973. The parties in these second appeals are referred to as arrayed in OS No. 12 of 1973.

(3.) The facts of the case are not in dispute. The appellant company purchased raw cashew nuts locally for the purpose of export of processed kernels. The company entered into Ext. B2 contract with the second defendant for processing the raw cashew nuts. Ext. B2 is dated 15-12-1969. As per the terms of the contract the second defendant is to be paid processing charges at the rate of Rs. 23/- per bag containing 168 pounds of raw cashew nuts. Clause.1 of Ext. B2 permits the second defendant to get the processing done by sub contractors. Clause.1 of Ext. B2 is extracted below: