RAM LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a suit for recovery of money.

(2.) THE appellants sued the Government of Jaipur who is respondent in this case on the allegations that they had a contract for the supply of various articles to the Lady Willing-don and the State Zenana Hospitals at Jaipur for a period from 1st September, 1942, to 31st August, 1943, and supplied articles of the value of Rs. 4628/12/6 for which they had not been paid. After adding interest amounting to Rs. 732/- at 6% p. a. they claimed Rs. 5260/12/6.

(3.) THE lower court came to a right conclusion that the plaintiffs were liable to indemnify the department for the excess price pad for the thans purchased from Maliram Nemichand and if that excess price is deducted out of the claim the plaintiffs are only entitled to recover Rs. 80/- from the defendant in addition to the refund of the deposit of Rs. 500/- which the defendant was always ready and willing to pay.