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1983 Supreme(All) 273

N.N.SHARMA
KISAN CO-OPERATIVE SUGAR FACTORY LTD. – Appellant
Versus
RAJENDRA PAPER MILLS – Respondent


Advocates Appeared:
R.R.AGRAWAL, U.S.Awasthi

N. N. SHARMA, J.

( 1 ) THIS is plaintiffs revision against the order dated 16-12-1980 re-corded by Shri P. C. Joshi, civil Judge, Pilibhit, in Original Suit No. 10 of 1974, Application for amendment paper No. 43-kha was rejected by the impugned order.

( 2 ) IT appears that original Suit No. 16 of 1974 was filed by revisionist on 15-2-74 against the respondents for recovery of Rs. 33,500/- along with costs and interest pendente lite and future at the rate of Rs. 6% per annum.

( 3 ) RESPONDENT 1 is M/s. Rajendra Paper Mills, Faridabad, Gurgaon, Har-yana.

( 4 ) RESPONDENT 2, Sri Prag Dass is a partner in the aforesaid Mill.

( 5 ) ACCORDING to the averments made in the plaint respondents proposed to purchase 1500 metric tonnes of Baggass (crush sugar cane) at Rs. 26/- per metric tonne which was to be paid in advance along with the amount of sales tax. This proposal was accepted on 4-1-1971 by plaintiff in district Pilibhit.

( 6 ) ON 17-2-1971 a fresh proposal for supply of additional quantity of 1500 metric tonnes on the same terms and conditions was agreed upon. In between 5-2-1971 and 6-3-1971 plaintiff supplied 234,606 metric tones Baggass, respondents paid Rs. 10,000/- on 19-1-1971



























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