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2007 Supreme(Raj) 2386

NARENDRA KUMAR JAIN
Firm Chaini Ram Radheyshyam, Katla Aluwalia Amritsar – Appellant
Versus
Jai Kishan S/o Jivraj – Respondent


For the Defendant-Appellants:-Bihari Lal Agarwal with Amit Gupta, Advocates.
For the Plaintiff-Respondents:Sagar Mal Mehta, Sr. Advocate with Anil Mehta, Advocate.

JUDGMENT

1. - Heard the learned counsel for the parties.

1. Both the appeals, filed by the same defendant-appellants, involve common facts and identical question of law, therefore, the same are being disposed of by this common judgment.

2. Plaintiff-respondent Jai Kishan, in Appeal No. 163/1991, filed a Civil Suit No. 9/78 (66/77), and plaintiff-respondent Shanti Devi, in Appeal No. 164/1991, filed a Civil Suit No. 8/78 (65/77), in the trial court against the same defendant-appellants for recovery of a sum of Rs. 19656.06 p. and 19,503.32p., respectively, towards damages. The suits were filed on or about 15th September 1977, wherein it was pleaded that a written contract (Exhibit-1) was executed in between the parties on 8th August, 1974 at Kishangarh for supply of about 25000 meter power-loom-cotton at the rate of Rs. 2.25 p. per meter, by the plaintiff to the defendants from September 1974 upto 10th October, 1974. The other terms and conditions were also mentioned in Exhibit-1. 17130 meters power-loom-cotton in the case of plaintiff Shanti Devi and 17814 meters in the case of plaintiff Jai Kishan were sent to the defendant-appellants in five instalments during the period from 9th S



























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