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1965 Supreme(Raj) 169

JAGAT NARAYAN
Jagdish Flour & Oil Mills – Appellant
Versus
Shri Ram Ladu Ram – Respondent


Advocates Appeared:
S.M. Jain, for Petitioners; P.C. Bhandari, for Respondents

JAGAT NARAYAN, J.—This is a revision application by the defendants against an order of Judge, Small Causes, Jaipur City, refusing to try an adjustment pleaded by them in their written statement on the ground that the value of the entire amount involved exceeded its pecuniary jurisdiction.

2. It is not disputed that the plaintiffs supplied Til worth Rs. 6665/- to the defendants who paid Rs. 6350/- towards the price of it leaving a balance of Rs. 315/-. The plaintiffs instituted the present suit against the defendants for its recovery. The defendants pleaded that this amount was paid by adjustment. Their case was that there was another contract for the supply of Til between the parties which the plaintiffs failed to fulfil and that there was an agreement between the parties before the institution of the present suit under which the plaintiffs agreed to pay Rs. 605/- to the defendants as damages for breach of that contract. Further it was agreed that out of this amount a sum of Rs. 315/- would be adjustable towards the price of Til already supplied by the plaintiffs leaving a balance of Rs. 289/- which the plaintiffs promised to pay to the defendants. The defendants pleaded adjustments






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