CHANDRAKANT SHANKARLAL AND CO Vs. CHOKSI BHIKHABHAI MULJIBHAI

JUDGEMENT

(1.) SECOND Appeal No. 149/1981 has been preferred by the appellants-original defendants nos. 1 and 2 challenging the judgement and decree dated 29/11/1980 passed by the learned Assistant Judge, Bharuch in Regular Civil Appeal No. 3/1980 by which the learned appellate Court has allowed the appeal filed by the respondent-original plaintiff and quashed and set aside the judgement and decree passed by the learned Civil Judge (Junior Division), Ankleshwar.

(2.) SECOND Appeal No. 150/1981 has been preferred by the appellants-original defendants nos. 1 and 2 challenging the judgement and decree passed by the learned appellate Court dismissing the counter claim submitted by the appellants.

(3.) RESPONDENT-ORIGINAL plaintiff instituted Regular Civil Suit No. 360/1974 claiming an amount of Rs. 750/- towards damage for breach of contract from the appellants-original defendants nos. 1 and 2 together with the running interest at the rate of 19% from the date of the suit till the realisation. In the said suit, appellants-original defendants nos. 1 and 2 prayed for counter claim of 4712. 81/- with interest. The learned Civil Judge (Junior Division), Ankleshwar vide judgement and decree dated 30/11/1979 dismissed the suit and allowed the counter claim submitted by the appellants-original defendants nos. 1 and 2 and directed the respondent-original plaintiff to pay to the appellants-original defendants no. 1 and 2 an amount of Rs. 4712. 81/- together with the cost of the suit to the appellants-original defendants nos. 1 and 2 with the running interest at the rate of 6% per annum on the principle amount. Being aggrieved and dissatisfied with the impugned judgement and order passed by the learned Civil Judge (Junior Division), Ankleshwar, the respondent-original plaintiff preferred Regular Civil Suit No. 3/1980 as well as Regular Civil Appeal No. 4/1980. The learned Assistant Judge, Bharuch vide impugned judgement and decree dated 29/11/1980 allowed both the appeals and thereby quashed and set aside the judgement and decree passed by the learned trial Court decreeing the suit of the respondent-original plaintiff of Rs. 750/- towards damage by way of breach of contract and dismissed the counter claim of the appellants. Being aggrieved and dissatisfied with the aforesaid impugned judgement and decree passed by the learned appellate Court in aforesaid two Regular Civil Appeals, the appellants-original defendants no. 1 and 2 have preferred the present Second Appeals. While admitting the Second Appeals, in Second Appeal No. 149/1981, the following question came to be formulated by the Court.