Rekha Palli - (1.) RFA 333/2019 & C.M. No.17215/2019 (for stay) 1. The present appeal assails the judgment and decree dated 31.08.2017 passed by the learned Additional District Judge in Civil Suit No.1706/2000 wherein the learned Trial Court has dismissed the suit instituted by the appellant/plaintiff seeking recovery of a sum of Rs.13,80,725/- along with interest from the respondent.
(2.) At the outset, it may be noted that the aforesaid suit filed by the Appellant was initially decreed in its favour as the respondents had been proceeded ex parte. However, on an application under Order 9 Rule 13 CPC moved by the respondents, the judgment was set aside and the suit now stands dismissed under the impugned order.
(3.) The brief facts, as emerge from the record are that the appellant entered into an agreement with the respondents for combing of 1 FCL of Merino Wool imported from Australia and a work order in this regard was issued to the respondent dated 02.03.2006. As per the appellant, the said wool which was being imported from Australia had been certified by the Australian authority to have a thickness of 21.5 microns. As per the terms of the work order, the respondent was to take delivery of the wool directly from the customs authorities and was to hand over the resultant wool after combing the same with a condition, that thickness of the combed wool should be within +/- 0.5 microns from the original wool.;