DENTSPLY INDIA PVT LTD Vs. EXCEL INTERNATIONAL

JUDGEMENT

(1.) ISSUES are framed under Order 14 CPC. Issues are framed on material propositions of fact or law urged by one party and denied by the other. Framing of issues is considering the pleadings which are filed by the respective parties and also the other material on record. Consideration of the record at the time of framing issues prevents unnecessary issues from being framed and unnecessary evidence being led by both the parties, and, it also thus prevents unnecessary elongation of the case and prevents the record from becoming bulky. At the stage of framing of issues, Courts have to ensure that only those issues are framed which arise from the record of the case. If it is found that really the issue urged to be framed does not arise or the law bars the framing of the issue sought to be framed, then, such an issue need not be framed.

(2.) WITH this preface, let me set down the respective cases of the parties which are today being urged before me. The case of the plaintiff is simple. The plaintiff says that it deals with dental equipment and dental products. Plaintiff says that defendants were appointed by it as distributor of the goods of the plaintiff. The plaintiff, however, says that this relationship was a principal to principal basis i.e the plaintiff is the seller and the defendants are buyers of goods and consequently the defendants are liable to pay for the value of the goods which have not been paid.

(3.) THE following issues arise as per the respective pleadings of the parties on the basis of which issues are sought to be framed:-