( 1 ) BOTH the appeals are decided by this common judgment. CCCA No. 46 of 1997: appellant is the plaintiff who filed a suit being O. S. No. 454 of 1989 which was dismissed by the Trial Court on 28. 10. 1996. The suit was laid for recovery of rs. 7,66,920-31 ps towards principal and rs. 6,91,488. 29 ps towards surcharge on the delayed payments with future interest at the rate of 33% p. a.

( 2 ) THE plaintiff asserted in the plaint that the plaintiffs firm was carrying on business as stockists, suppliers and commission agents of iron steel, hardware and pipes etc. The plaintiff and the Defendant no. 1 entered into an understanding which was reduced into writing on 31. 8. 1985 agreeing that the plaintiff shall supply steel block tubes of ISI standard to the defendants work site. Pursuant to the said understanding the defendants from time to time placed orders with the plaintiff and the plaintiff supplied the materials under delivery challans. Subsequently the agreement entered into between the parties was altered and the material was delivered to the defendants at the places desired by them and all the material supplied by the plaintiff were used by the defendants. B