DAYALAL MEGHJI Vs. REPAKA VENKAYYA

JUDGEMENT

(1.) This is a revision presented against the Judgment and Decree of the Subordinate Judge, Narasapur, in S.C.S. No. 138 of 1955 by defendants 1 and 2 who are the petitioners herein.

(2.) The suit was laid for recovery of Rs. 1,182-4-0 with interest and costs against the petitioners (defendants 1 and 2) and the third defendant. It was the plaintiff's case that the defendants had agreed to purchase from the plaintiff a wagon of cocoanuts the price being made payable by a bank hundi. The agreement was said to be in Writing. The plaintiff was a trader in cocoanuts at Palacole. The three defendants Were traders of Raipur in Madhya Pradesh. The plaintiff alleged that he had performed his part of the contract ; but that the defendants committed breach thereof by not taking delivery of the cocoanuts and paying the price due. The goods were sold at the defendants' place through a commission agent. The plaintiff sold for Rs. 8,651-3-6 ; and deducting the freight, etc. the net amount realised was Rs. 7)493-4-o as against the price payable by the defendants, viz., Rs. 8,675-8-o. The balance was claimed as damages with interest and costs.

(3.) The defendants filed a written statement denying the alleged agreement and the breach thereof. They questioned the jurisdiction of the Court to entertain the suit. Further, they raised a plea that the damages claimed were excessive. The defendants were represented by counsel. A commission was issued for the examination of the plaintiff's witnesses, P.Ws. 1 to 3. The suit stood adjourned to 21st April, 1959 for hearing. On that day, P.W. 4 was examined and documents Were exhibited as Exhibits A-1 to A-15 and B-1 and B-2. Further hearing was adjourned to 17th June, 1959. On 17th June, 1959 the defendants were absent and an adjournment prayed for was refused. Their vakil, one Sri Sobhanadrachari reported no instructions.