JUDGMENT - Chainani, C.J.

(1) This is appeal by the original defendants against the order made by the Mr. Justice K.K. Desai directing the defendants to pay court -fee on the third party note taken out by them against the second respondent. On 5th September 1959 the second respondents entreated into a contract with the first respondents who are the original plaintiffs, for the supply of manages are to the plaintiffs. The contract provided that the material shall be re - routed through the state Trading corporation of the India ltd. I.e. through the defendants. On these day the appellants defendants entered into a contract with the first respondents for the supply of managers are to the first respondents. The appellants also entered into a contract with the first respondents for the supply of manganese are of the in first respondent. The appellants also entered into a contract with the second respondents, who agreed to supply the manages are to the appellants. The arrangements arrived to the therefore was that the second respondents were to supply manganese are to the appellants who had to consign it to the first respondents. According to the first respondents the goods supplied to

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