Case Note & Summary
The appellant, M/s. A.S.N. Agri Genetics Private Limited, filed a suit for damages against the respondent, Basant Agro Tech (I) Limited, alleging that the respondent failed to supply 4500 quintals of raw JS335 Soyabean seeds as per an agreement dated 4.8.2007 and a stocking agreement dated 27.11.2007. The appellant had paid Rs.54,00,000 by six cheques between 24.11.2007 and 28.11.2007. The respondent denied the agreements and liability. The trial court dismissed the suit. On appeal, the High Court found that the trial court had not framed proper issues and had not considered the evidence properly. The High Court allowed the appeal, set aside the trial court's judgment, and remanded the suit for fresh decision, directing the trial court to frame proper issues and decide the suit afresh within six months.
Headnote
A) Civil Procedure - Appeal against dismissal of suit - Order 41 Rule 23A CPC - Remand - The appellate court set aside the trial court's judgment and remanded the suit for fresh decision, as the trial court failed to frame proper issues and did not consider the evidence on record regarding breach of contract and damages. Held that the trial court's approach was perfunctory and the suit deserved a fresh trial (Paras 1-5).
Issue of Consideration
Whether the trial court erred in dismissing the suit for damages without properly framing issues and considering the evidence on record regarding breach of contract.
Final Decision
Appeal allowed. Judgment and order dated 7.3.2015 passed by 2nd Joint Civil Judge (Sr.Dn.), Akola in Special Civil Suit No.97 of 2008 is set aside. The suit is remanded to the trial court for fresh decision. The trial court shall frame proper issues and decide the suit afresh within six months from the date of receipt of the order. Parties to appear before the trial court on 3.8.2015.
Law Points
- Breach of contract
- Damages
- Framing of issues
- Remand
- Civil Procedure Code
- 1908 Order 41 Rule 23A
- Evidence appreciation
