- (1.) Petitioners, Messrs Jagan Nath Jagdish Lal, a registered partnership firm, are doing business in Delhi and deal in chilka and khal. Respondent firm, Messrs Piara Mal Gobind Ram, situate at New Mandi, Sirsa, started working as commission agents for the purchase of chilka and churi for the petitioner firm in the year 1965. On order from the petitioner firm, the respondent firm used to purchase chilka and churi for the former and supply it at Delhi, on commission, at the rate of 1.125 per cent and on the amount so spent charge interest at the rate of 1.50 per cent per mensem. Against the said purchases, for price and commission, the respondent firm used to issue hundis and the petitioner firm made payments on account.
(2.) The respondent firm filed the present suit for realization of Rs. 24,325.37 with the allegations that on striking balance on November 19, 1974, a sum of Rs. 116.87 was found due from the petitioner firm; thereafter the defendant firm supplied more chilka and churi on the orders placed by the petitioner firm and a total sum of Rs. 16,480.39 was found due from the petitioners. Rupees 7,845.00 were claimed on account of interest on the said amount.
(3.) The petitioners, on appearance, opposed the suit and in the written statement filed by them, apart from the other pleas, raised an objection that the suit was liable to be stayed under Section 10 of the Code of Civil Procedure in view of the earlier suit filed by them in the High Court at Delhi for accounts against the respondents and for passing a decree in the amount found due on taking accounts. The supply of the goods pleaded in the present suit was not disputed but it was stated that the respondents have been charging much more price than they were paying for the goods supplied to the petitioners. It was further averred that on taking accounts they expected that an amount of Rs. 55,000.00 would be found due to them. The trial Court framed issue No. 9 covering this plea which was treated as the preliminary issue and answered against the defendant-petitioners vide order dated September 11, 1978. Aggrieved by that order, the defendants have filed this revision petition.;