JUDGEMENT :-

N. S. RAMASWAMI, J.

This suit is for the recovery of a sum of Rs. 86,000, odd with interest at 6 per cent, per annum towards the contract executed by the plaintiff. The plaintiff is an Engineering Contractor, and he entered into an agreement with the defendant, which is a partnership firm, to construct a brick kiln. The brick kiln has been completed. But some of the bills submitted by the plaintiff to the defendants have not been paid for. Hence the present suit.

2. The defence to the suit is that the plaintiff has not constructed the brick kiln according to the specifications contained in the agreement between the parties, that there are a number of defects in the construction and that therefore the plaintiff is not entitled to the suit amount. The defendant filed an additional written statement elaborating the above plea and giving details of the various alleged defects in the brick kiln and also valuing those defects. The additional written statement sums up the position stating that the defects in the construction resulted in a loss of over Rs. 1,60,000 to the defendant's factor

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