MELA RAM Vs. F JOGINDER SINGH AND CO

JUDGEMENT

(1.) This is a rule directed against a judgment of Mr. Chaman Lal Puri allowing a limited amendment of the plaint.

(2.) A suit was brought by the plaintiff, Sant Ram for the recovery of money on the basis of cash and cheques given by him to the defendant firm and also for money due on bricks returned. The amounts claimed are as follows: Rs. 100/- cash paid on 6th May 1947. Rs. 100/- paid by cheque on 24th July 1947. Rs. 162/5/- paid by cheque on 26th July 1947. Rs. 1,000/- paid by cheque on 21st August 1947. Some bricks were agreed to be exchanged for other bricks, and on this account the plaintiff claimed Rs. 332/- and after giving the defendant credit for bricks worth of Rs. 300/- he brought a suit for the recovery of Rs. 1,394/5/-.

(3.) The defendant pleaded that he had supplied bricks worth Rs. 2,938/7/3 and this amount was due to him for which he would bring a suit. On the 7th of February 1950, an issue was raised, whether bricks worth more than the amount claimed by the plaintiff had been supplied by the defendant.