RIKHIRAM BHAGWANDAS Vs. RAMLAL

JUDGEMENT

(1.) This revision under Section 115, of the Civil Procedure Code is by the plaintiff against the order, dated 5-5-1960, passed by Shri R.S. Agarwala, District Judge, Durg at Rajnandgaon, in Civil Appeal No. 6-B of 1959, arising out of the decree, dated 12-2-1959, passed by Shri N.M. Jinsiwale, Civil Judge, Class I, Rajnandgoan, in Civil Suit No. 31-B of 1957.

(2.) The non-applicants filed a suit for damages for breach of contract, claiming an amount of Rs. 2300/- towards the same. They were to act as commission agents of the applicant. The applicant alleged that he had instructed the non applicants to purchase grain and they had done it as per contract, dated 13-51957. The applicant had also confirmed the order by his telegram, dated 13-51957. The non-applicants had also made a counter claim, alleging that the applicant was guilty of a breach. The learned Judge of the trial Court decreed the plaintiff's claim in full and dismissed the defendants' counter claim, holding the latter to be guilty of a breach.

(3.) Against the decree of the trial Court, the defendants filed an appeal before the first appellate Court, which is still pending. During the pendency of the appeal, the plaintiff filed an application," dated, 6-4-1960 for permission to amend the plaint. The plaintiff sought to introduce an amendment, saying that on or about 8-5-1957, be had instructed the defendants to purchase the gram dal. The offer was accepted by the defendants on 9-5-1957. The contract was settled through telephonic communications on 9-5-1959.