- (1.) This first appeal under Section 96 of Code of Civil Procedure has been filed against the judgment and decree dated 21.04.2001, passed by the Civil Judge (Senior Division), Malihabad, Lucknow in respect of R.S.No.176 of 1992 (Pradeep Kumar and another Vs. State Bank of Bikaner and Jaipur), whereby the suit of plaintiffs/respodnent nos.1 and 2 has been decreed.
(2.) Brief facts, relevant for the disposal of this appeal, are that plaintiffs/respodnents nos. 1 and 2 filed a suit before the Trial Court against the defendants for recovery and mandatory injunction with the contention that the plaintiff no.1 is carrying on a business in the sale and supply of waste paper and board under the name and style of plaintiff no.2, who is the sole proprietor of plaintiff no.2. Defendant no.2 is a Private Limited Company, of which defendant no.3 and 4 are the Managing Director and Director respectively and they are doing the business of manufacturing and sale of paper and board by using the raw material which mostly consists of board cuttings which were supplied by the aforesaid plaintiffs on order.
(3.) That defendant no.2 to 4 were purchasing raw material from the plaintiffs in bulk and in doing so they used to call for rate quotation by way of offer from the plaintiffs and on their acceptances the contracted goods were supplied by plaintiffs. The defendants nos.2 to 4 who were in requirement of raw material as stated above offered the plaintiffs to supply the same on an ongoing basis to which the plaintiffs agreed on the condition that the defendants nos.2 to 4 shall open Letter of Credit at State Bank of Bikaner and Jaipur, the defendant no.1 to ensure the prompt and immediate payment representing the value of material and all the expenses, collection charge, interests and other charges were to be borne by the defendant no.2. This agreement was concluded by accepting the offer by defendant no.2.;