Chhangani, J.—This appeal by the defendants Laxminarain and Gyaniram has been directed against the judgment and decree of the Senior Civil Judge, Jaipur, dated 12th August, 1954 in a suit for damages for breach of contract, whereby he partially decreed the plaintiff Gulabchands suit for an amount of Rs. 10,411/10/-. The plaintiff has also filed cross-objections stating that his suit should have been decreed in toto and praying for increasing the amount of decree by Rs. 7,088/6/-.

2. The case of the plaintiff briefly is that he has been carrying on trade in salt and gunny bags at Sambhar. The defendant Laxminarain and Gyaniram are members of a joint Hindu family of which Laxmi Narain is the Manager. The defendants firm also carries on trade in salt and gunny bags. The trade in gunny bags in Sambhar is said to be subject to the trade usage according to which the transactions between the parties are to be adjusted and set off and delivery of the gunny bags is to be effected after such adjustment and the due date of delivery is the Punam of every month; but an additional period of five days is allowed as a period of grace for effecting delivery. According to the plaintiff, the defendant

Click Here to Read the rest of this document