Rajbir Sehrawat, J.

1. This is the second appeal filed by the defendants in a suit for recovery; having failed before both the Courts concurrently.

2. For convenience the parties herein would be referred to as the plaintiff and the defendants; as they were described in the original suit.

3. The brief facts of this case are that the plaintiff, the Food Corporation of India filed a suit for a recovery of Rs. 1,10,333.76/- paise against the defendants/appellants claiming that the defendants were issued a service work contract for loading and unloading of food grains at Dasuya. As per Clause X of the Schedule agreement, if the defendants failed to supply the requisite number of labourers, scales and trucks/carts, the Senior Regional Manager shall; at his discretion, be at liberty to engage labour, scales, trucks etc. at the risk and cost of the defendants and in that event the latter would be liable to make good the Corporation of the loss incurred by it in doing these works. It was further averred that on 05.08.1985, special loading of wheat was to be done by the defendants; in the railway wagons at Dasuya. The loading work was, however, deferred to 20.08.1985. The defendants f