M GOVINDAM Vs. GULABCHAND RAWATMULL

JUDGEMENT

(1.) This revisional application under Section 115 of the Code of Civil Procedure is directed against an order of the Full Bench, Calcutta Small Cause Court, sending back the suit for assessment of damages to the court of fifth Bench, Calcutta Small Cause Court.

(2.) The Plaintiff opposite parties Messrs. Gulabchand Rawatmull instituted the suit for recovery of Rs. 1,600 as damages for breach of contract on the following allegations. They stated that the Defendant company Messrs. Haridas Weaving Establishment in Madras agreed to sell 13 bales of shirtings consisting of 400 pieces of 24 yards piece at the rate of Rs. 32 per piece that the agreement was confirmed by a sale note despatched by the Defendant company which reached the Plaintiff company on August 14, 1950, and that the plainstiffs accepted the sale note by sending a telegram on August 16, 1950; but on account of rise in prices the Defendant company repudiated the contract by telegram and letter despatched on August 19, 1950 and that the Plaintiff company has, therefore, Suffered loss to the extent of Rs. 4 per piece because at the time when the supply was due to be made the price of shirting had gone up by Rs. 4 per piece; so the Plaintiff company claimed Rs. 1,600 as damages for breach of contract.

(3.) The Defendant company contested the suit contending that there had not been a completed contract for sale and the sale note was only an offer which the Plaintiff company did not accept but sent a counter-offer by letter, dated August 14, 1950, which amounted to revocation of the proposal. The Defendant company, therefore, contended that they were-.not liable for damages.