JAGADEESAN Vs. K.R.NIVETHAN

JUDGEMENT

(1.) The plaintiff in O.S No.7 of 2023 on the file of the Sub Court, Kulithalai is the revision petitioner herein. The revision petition is directed against the order dtd. 2/2/2024 in I.A No.2 of 2023 in the suit.

(2.) The case of the revision petitioner/plaintiff is as follows :

(3.) Since the goods are perishable in nature, the plaintiff filed I.A No.2 of 2023 for appointment of an advocate commissioner to sell the same. The case of the plaintiff was that he had already packed and labelled the goods as per the defendants' specifications and that they will have to be disposed of in the market at once. Otherwise, they will become unfit for consumption. The court below concluded that no material has been marked on the side of the plaintiff to show that an agreement was entered into between the parties. It was further observed that in the affidavit filed in support of the petition, it was not mentioned as to when the bottles were filled and when the goods would expire. The court below dismissed the I.A. Challenging the said order, this civil revision petition has been filed.