Judgment

RAY, C.J.I. :- This appeal is by Special Leave from the judgment dated 8 August 1975 of the High Court of Allahabad. The appellants are defendants and the respondent is the plaintiff in suit out of which this appeal arises.

2. The plaintiffs suit is for a decree for Rs. 1,30,000/- on the cause of action as laid in the plaint.

3. The suit was instituted sometime in the month of May, 1971.

4. The defendants filed written statement.

5. Two paragraphs of the written statement contained additional please. Paragraph 25 states that the agreement dated 7 April, 1967 is applicable to the transactions in which the plaintiff works as stockist-cum-distributor of the defendants. The defendants further allege in paragraph 25 that the agreement is not applicable to transactions in which the plaintiff acts as a principal. In paragraph 26 the defendants/appellants in the alternative allege that even if agreement dated 7 April, 1967 is applied to the dealings in suit, plaintiffs position is merely that of an agent of the defendants and as such plaintiff is not entitled to claim any damages from the defendants for non-supply of its own goods for sale through the plaintiff.

6. The defendant/s appel