KANJI LALJI KANBI Vs. HARJI DEVRAJ KANBI

JUDGEMENT

(1.) This application is by the defendants. The opponents filed Civil Suit No. 17 of 1962 in the Court of Civil Judge Senior Division Bhuj to recover Rs. 24 270 nP. In the written statement it is contended that various sub-contracts were given by the defendants to the plaintiffs and it was agreed between the parties that the plaintiffs should not encash a certain cheque issued to them till they completed the subcontract works and that in case the sub-contracts remained unfinished the defendants would be entitled to get the work done at the cost of the plaintiffs and deduct the amount of the cheque from the cost that may be incurred by the defendants. The amount claimed by the plaintiffs included Rs. 10 600 by way of a cheque. In the written statement the defendants contended that as a result of the plaintiffs not completing the work entrusted to them as sub-contractors various amounts were due to them by way of damages. Therefore out the claim of Rs. 24 0 and odd although it is admitted that the plaintiffs would be entitled to Rs. 15 0 the claim of Rs. 9 0 and odd is disputed by the defendant. It is contended by the defendants in the written statement that on account of the defendants completing the work left unfinished by the plaintiffs the defendants were entitled to damages of Rs. 15 250 The defendants therefore claimed that they would be in reality entitled to recover Rs. 132-30 nP. from the plaintiffs and that nothing would be due to the plaintiffs from the defendants.

(2.) On this written statement the Court ordered the defendants to pay court-fees on Rs. 24 270 nP. Hence this revision application.

(3.) Order 8 rule 6 C. P. Code reads as follows:-