DIVISIONAL FOREST OFFICER AND ORS. Vs. NARAYAN JENA

JUDGEMENT

(1.) Refusal of application for amendment of written statement is grievance of the defendants in this Civil Revision.

(2.) In the year 1975-76, plaintiff supplied sleepers to Railways through petitioner No. 1. He was paid 90% of the value. In spite of the fact that railways did not make any complaint in respect of defect in sleepers, balance 10% kept as security were not paid for which the suit has been filed for realisation of the amount with interest.

(3.) Defendants contested the suit and amongst others asserted that 10% of the value arc retained by defendant No. 1 from which cost involved for rejected sleepers are liable to be deducted, and defendant No. 1 has withheld the payment to adjust the same from the amount due from the plaintiff to the defendants.