- (1.) The present appeal has been preferred by the appellantplaintiffs against the judgment and decree dated 11.10.2013 passed by the learned Additional District Judge, Ferozepur, whereby the appeal filed by them against the judgment and decree dated 21.02.2011 passed by the learned Additional Civil Judge (Senior Division), Ferozepur, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) Appellant-Plaintiffs have filed the suit for recovery of Rs. 4,33,192/- along with interest pendente lite as well as future interest @ 30 % per annum on the grounds inter alia that in the year 1995-96, 10222 bags weighing 6628.70 qtls. of paddy common and 66279 bags weighing 42546.65 qtls. of superfine paddy of 'A' grade quality was entrusted to the respondent-defendant Miller for custom milling and delivery of rice in account of the plaintiff-Corporation up to 28.02.1996. Defendants were required to deliver the rice to the tune of 4507.52 qtls. of common quality and 28931.72 qtls. of superfine quality in the account of the plaintiffs in their Central Pool with the Food Corporation of India (for short 'F.C.I'). Instead of that the defendants delivered only 1500 bags weighing 1417.50 qtls. rice of common variety and 33070 bags weighing 31766.18 qtls. of fine variety rice to the FCI in the account of the plaintiffs. In that manner, the defendant failed to supply 3090.02 qtls. of common variety. But, they supplied 2834.46 qtls. of fine rice in lieu of the common rice. In this way, there was shortage of 255.55 qtls. of common rice, which caused a loss of Rs. 2,43,987/- to the appellantsplaintiffs. The defendant-respondent also did not returned the price of the gunny bags, did not pay the sale tax, the plaintiffs-Corporation also suffered loss of interest, stitching charges etc and total sum of Rs. 4,33,192/- was recoverable from the defendants. Hence the suit.;