CONSOLIDATED HYBRID SEEDS COMPANY Vs. M. SEKAR

JUDGEMENT

(1.) The 3rd opposite party is the appellant.

(2.) The 1st respondent in this appeal, as complainant filed the case, on the following grounds:

(3.) The 3rd opposite partys case, briefly as follows, which is adopted by opposite parties 1 and 2. The case is bad for non-joinder and misjoinder of parties. This opposite party had sold the certified seeds, in a sealed cover, where there was no possibility of tampering. In the same manner, paddy seeds were sold to the complainant, and if there was any failure in the crops, it may be due to various reasons, for which the opposite party cannot be accused, as if they had sold adulterated or inferior quality of seeds. If there was any early flowering of the paddy, it may be due to the dropping of early cultivation paddy viz. TKM 9, for which the opposite party cannot be held responsible. The amount claimed by way of loss of income towards mental agony, are all imaginary. The other averments are also denied as false, praying for the dismissal of the complaint.