LAWS(KAR)-2022-10-624

NARENDRA Vs. ADARSH SHANKARANNA YELAMALI

Decided On October 29, 2022
NARENDRA Appellant
V/S
Adarsh Shankaranna Yelamali Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the application filed by the petitioner seeking for framing of two additional issues.

(2.) The plaintiff had filed a suit for recovery of money for the goods that he had supplied to the defendant. The defendant in his written statement has taken a plea that the goods that were delivered were not of the specific and prescribed quality and that the groundnut seeds supplied by the plaintiff were of low quality. It is also contended that the defendant had ordered goods of a particular quality, so as to facilitate its export.

(3.) Thus, a specific plea has been raised in the written statement regarding the supply of goods as desired by the defendant. In this view of the matter, framing of an issue in this regard was necessary. However, the Trial Court has taken the view that the plaintiff had admitted the receipt of the goods and no notice regarding the substandard of the goods had been issued.