Godara, J. - (1.) This appeal has been filed under section 18 of the Rajasthan High Court Ordinance against the judgment and decree dated 1.9.1994 passed by the learned single Judge of the Rajasthan High Court, Jodhpur in Civil First Appeal No. 16/80.
(2.) Briefly stated, the facts of the plaintiff-appellant's case giving rise to the appeal are that the plaintiff instituted a suit in the Court of District Judge, Balotra for recovery of Rs. 10,838.75 with interest till the date of institution of the suit, amounting to Rs. 1,644/- and notice expenses of Rs. 17 .25, aggregating to Rs. 12,500/- against the defendant-respondents. The plaintiff entered into an agreement on 1.9.1975 with the Rajasthan Salt Authority thereby agreeing to purchase 20,000/- quintals of selt @ Rs. 2.80 per quintal In the months of January to March, 1975, who was required to lift this quantity of salt by 31.3.1975 and thereafter the rate of salt was agreed to be Rs. 3.25 per quintal.
(3.) The plaintiff applied for release of 17 wagons salt for being transported to the North Bihar in C-Class quota in the month of February, 1975 and deposited the amount @ Rs. 2.80 perquintal on 29.4.1975 with the Salt Authorities. But, in the meanwhile, the Railway Authorities informed that no wagon could be released for transportation to North Bihar and, therefore, the quota of 17 wagons of salt could not be transported. However, on 28.4.1975, the Railways Authorities informed that the order of stoppage of allotment of wagons to North Bihar had been lifted for February and March, 1975 quota and hence the salt could be loaded in the wagons upto 30.4.1975. On approaching the Salt Authorities for release of 17 wagons of salt to North Bihar,the plaintiff was asked to deposit the amount @ Rs. 3.25 per quintal and, accordingly, the plaintiff deposited the amount of difference working out between Rs. 3.25 and Rs. 2.80 per quintal for 17 wagons of salt with the Bank in the account of the respondents. He transported salt to North Bihar between 1.5. 1975 to 6.5.1975. Lastly, on 18.8.1975, the plaintiff deposited price of 25 wagons of Salt @ 3.25 per quintal and sent the indent to the Salt Authorities and the same was accepted however, in place of 25 wagons of salt, Salt Authorities released two wagons of salt and so remaining 23 wagons of salt were not released inspite of its price having been so deposited with in the account of the Salt Authorities. On 29.6. 1975, the plaintiff was informed that the amount deposited towards release of 23 wagons of salt stood adjusted towards the balance of difference of salt price, which was to be lifted by the plaintiff @ Rs. 3.25 on the ground that at the time of release of salt earlier @ Rs. 3.25 per quintal, the plaintiff was required to deposit price of the salt @ Rs. 6.50 per quintal instead of @. 3.25 per quintal. This was seriously disputed by the plaintiff. Lastly, serving a notice on the respondents, the plaintiff filed the suit, as above.;