R.L. Khurana, J.—The plaintiffs have filed the present suit for the recovery of Rs. 68,64,303 against the three defendants on the following averments :

2. The work of floating of timber in respect of lots No. 1/83-87, 2/83-88 and 1/84-87 was allotted to the defendants vide agreement dated 28.5.1986. In terms of the agreement, the launched timber was to be caught at Bhandarkot (near Kishtwar) and to be delivered and stacked at the roadside depot of the plaintiffs. The entire work of launching, floating, carriage and stacking etc. was to be completed by 31.5.1987.

3. The plaintiffs delivered 90,093 scants equivalent to 8300.095 cubic metres in volume in respect of the three lots to the defendants for the purpose of launching and floating. All these scants were required to be delivered by the defendants at the road side depot at Bhandarkot by 31.5.1987. As per the terms of the agreement permissible loss during the course of floating and carriage was to the extent of 5%. Loss during transit and floating over and above the permissible limit of 5% was to be made good by the defendants at the rate of Rs. 2,500, Rs. 2,400 and Rs. 2,100, per cubic metre for Deodar, Kail and Fir/Spruc