SACHINDRA PRASAD Vs. AHMED ALI

JUDGEMENT

(1.) The three defendants, of whom two are appellants before us were sued in Money Suit. No. 26/76 by the two plaintiffs-respondents for recovery of Rs. 30,632.25 with 12% interest thereon, being price of timber supplied to them and hire charges of trucks lent to them averring, inter alia, that they had timber business and a truck for hire at Lakhipur; that the three defendants were contractors by occupation and they purchased timber from the plaintiffs and also hired the truck for the purposes of their contract; that on 7-6-1976 the total outstanding due to them amounted to Rs. 48,000/- and the amount received till then was Rs. 17,367.75, and after adjustment the outstanding balance struck amounted to Rs. 30,632.25, which was acknowledged by the defendants putting signature at the foot of the account stated, which was annexed as Annexure-I to the plaint. The adjustment according to them was done taking into account the different slips for supplying goods, namely, Annexures-2, 3, 4 to the plaint.

(2.) The three defendants the first being the father of the second and third, resisted the suit filing a joint written statement stating, inter alia, that the suit was not maintainable; that there was no right to sue; that the suit was bad for mis-joinder of the defendants and mis-joinder of plaintiffs and mis-joinder of cause of action; that there was no cause of action fur the plaintiffs, the plaintiff No. 1 having been only an agent of one Rogai Marak; that the defendants never did any joint contract works for which any timber was necessary; and that they never acknowledged any liability of Rs. 30,632,25 p. on 7-6-76, as alleged. Their version was that the plaintiff No. 1 on behalf of Rogai Marak agreed to supply timbers to defendants 1 and 2 whenever necessary but the plaintiff No. 1 failed to procure transit passes and for that reason could not supply timbers agreed to be supplied and hence no truck was hired and that the suit had been filed only to harass the defendants.

(3.) On the pleadings the following issues were settled : "1. Whether there is any cause of action ? 2. Whether suit is maintainable ? 3. Whether plaintiffs have got any right to sue ?