- (1.) Defendant no.3 Haryana Co-operative Marketing Society Limited, Narwana (sole defendant after defendants no.1 and 2 i.e. Hafed and its District Manager proforma respondents no.2 and 3 herein were given up) has filed this second appeal, having lost in both the courts below.
(2.) Respondent no.1 plaintiff Rajat Jain, as Proprietor of M/s Indersain Ram Niwas Jain Commission Agent, initially filed suit against defendants no.1 and 2 only. Relief of declaration and mandatory injunction was sought. However, the plaintiff was directed to pay ad valorem court fee on the suit amount, pursuant to application moved by defendants and virtually, the suit was converted into suit for recovery. Defendants no.1 and 2 were later on given up, whereas appellant defendant no.3 was impleaded. Defendant no.3 is also Commission Agent. Defendants no.1 and 2 purchased wheat from the market through defendant no.3. In the process, wheat was also purchased by defendant no.3 for defendants no.1 and 2 from the defendants.
(3.) Plaintiff's case is that the defendants illegally deducted amount of Rs.26,384.02 alleging shortage in quantity of the wheat purchased from the plaintiff. It was pleaded that defendants had weighed almost 15% of the bags of wheat at the spot, while taking delivery, and therefore, they could not deduct the aforesaid amount by alleging that shortage of quantity was found later on. The plaintiff claimed the aforesaid amount, which had been deducted by the plaintiffs.;