R.R.Yadav, J. - (1.) -The present appeal is filed against the judgment and decree passed by the learned Additional District Judge No. 6, Jaipur City, Jaipur dated 29.8.1990 setting aside the judgment and decree passed by the learned trial Court dated 16.12.1980 in Civil Suit No. 164/1972 and dismissed the suit for recovery of Rs. 4,253.50 for the price of the tea including interest thereon which was decreed by the trial Court.
(2.) The brief facts necessary for disposal of the instant second appeal are that the plaintiff-appellants filed a civil suit against the defendant-respondents on 18.3.1972 alleging therein that the defendants purchased tea from them from 10.1.68 to 7.1.69 and from 24.5.69 to 4.9.69 of a value of Rs. 2,759.10 and Rs.8,258/- respectively on credit bills and paid Rs. 2,462.54 and Rs. 5,286.56 respectively to the plaintiffs towards the said credit bills. According to the averments made in the plaint, Rs. 3,272.50 including bank commission amounting to Rs. 4.50 which was paid by the plaintiff-appellants remained outstanding against the defendants towards the price of tea, and according to the contract, the defendants were liable to pay interest at the rate, of 12% per annum amounting to Rs. 991/-, on the date of said suit.
(3.) The defendant-respondents filed the written statement on 15.1.1973 and contested the suit denying the averments made in the plaint.;