SANMATI RICE (P) LTD. Vs. SUSHIL RAJA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 21st March, 2001 whereby the suit of the Respondent/Plaintiff for damages was decreed on the ground that the Appellant allegedly supplied rice which was defective, that is, not as per the sample agreed to between the parties, and also that the weight of the bags in which rice was supplied was less than the stated weight.

(2.) THE facts of the case are that the Respondent/Plaintiff placed an order upon the Appellant/Defendant for supply of rice F.O.R. Kandla, Gujarat. The rice was to be non -basmati par -boiled rice, also called sela rice. The rice was supplied by the Appellant/Defendant to the Respondent/Plaintiff at Kandla on 27.10.1996 and 29.10.1996. This rice was then exported by the Respondent/Plaintiff to Dubai, UAE. The Respondent/Plaintiff contended that the buyer complained that the rice was not of a good quality and also that the quantity of rice in the bags was insufficient. The Respondent/Plaintiff, therefore, contended that the foreign buyer, M/s. Adil Ahmed Food Stuffs rejected the consignment which resulted in loss to the Respondent/Plaintiff. The Respondent/Plaintiff also claimed charges for his trip to UAE.

(3.) THE Trial Court after the pleadings were complete, framed the following issues: