KOCHHAR, J. — This is plaintiffs appeal under section % of the Code of Civil Procedure against the judgment and decree dated 7-8-1980 passed by the learned Addl. District Judge No.l, Baran in civil suit No. 14/77. The brief facts are as under : —

(2) The plaintiff had supplied 181.25 tonnes of super phosphate (the manure) to the defendant-respondent at the rate of Rs. 200/- per tonne between the period from 8-5-1971 to 16-7-1971. According to the terms of the agreement between the parties, as contained in the defendants letter dated 10-4-1971 (Ex. A-4), the defendant was to pay 25% of the value of the manure at the time of its receipt and the remaining 75% was to be paid in three equal instalments; to be paid within 60 days, 120 days and 180 days of the date of receipt of the manure. The above said manure of the value of Rs. 36205/- was supplied to the defendant by the plaintiff-appellant by 16-7-1971, but neither the initial amount of 25% was paid on receipt of the manure nor was the remaining amount paid within the period specified in the terms of agreement between the parties. The defendant, however, paid a sum of Rs. 36,205/- vide a cheque and such payment was received by the pl

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