STORES LTD Vs. NITIN AND CO

JUDGEMENT

(1.) The defendant, who had been unsuccessful before the two Courts, is before this Court under Section 100 of the Code of Civil Procedure with a complaint that the learned two Courts did not appreciate the facts in their true perspective and also did not appreciate that the goods supplied by the plaintiff, M/s.Nitin & Company, were not of the prescribed standards and as the goods which were supplied by the plaintiff to the defendant were seized, confiscated and destroyed by the Municipal Administration, the learned trial Court, so also the Appellate Court, was not justified in decreeing the suit to the extent the price is unpaid to the seller (plaintiff).

(2.) The appeal has been admitted for hearing the parties on the following substantial question of law:

(3.) Undiputedly, somewhere in the year 1973, under an order by the defendant, the plaintiff supplied vegetable ghee worth Rs.30,630/- to the defendant. The appellant-defendant paid a sum of Rs.26,000/- to the plaintiff, but, the remaining amount was not paid. Despite demand by the plaintiff, the amount was not paid, therefore, the plaintiff filed a suit for recovery of the unpaid price, interest and the legal expenses.