S.B.SINHA,J. - (1.) LEAVE granted.
(2.) THIS appeal is directed against the judgment and order dated 3.1.2007 passed by the Gauhati High Court in MC No.3398/2004 whereby and whereunder the appeal preferred by the appellants herein from a judgment and decree dated 19.4.1990 passed in Suit No.2/89, was dismissed on the premise that the appellans had not shown sufficient cause for condonation of 10 months' delay in filing the said appeal.
(3.) THE parties herein were on business terms. Appellants were to supply 22,000 Kgs. of made tea' for 1984 season and 50,000 Kgs. of made tea' for 1985 season to the respondent. However, the appellants supplied only 5,547 Kgs. of made tea' for 1984 season and 18.245 Kgs. of made tea' for 1985 season. Respondent filed a suit for a decree for a sum of Rs.5,22,69.66 paise together with interest thereon at the rate of 18% per annum. A suit was filed towards the price of the remaining amount for terminal tea supply. In paragraph 5 of the plaint, the respondent inter alia averred: "The price for -other remaining quantity of made tea of 1985 season made available by the defendants to the plaintiff, could not be finalized as the same were found to have no proper market and hence were not saleable at Jorhat. At such as per instruction/discussion of the defendants, remaining qualities of 14,796 of made tea of. 1985 season were sent to the' tea auction market at Guwahati and in Calcutta. The sale proceeds of the said tea on sale of auction markets were to be adjusted with the advances already made by the plaintiff to the deponents. After 18.04.85 the plaintiff had paid a total sum of Rs. 6,22,116 inclusive of Rs. 1,30,000 as shown in schedule A' below. The first Bill referred to in this appeal reads thus : "Bill dated 5.6.85 for..... ????????Rs. 46,594.80 Bill dated 5.6.85 for...... Rs. 86,225.00 For sale proceeds on 16.8.85 Rs. 79,824.91 For sale proceeds on 26.8.85 Rs. 4,608.60 For sale proceeds on 9.9.85 Rs. 9,101.83 For sale proceeds on 19.9.85 Rs. 3766.70 For sale proceeds on 12.11.85 Rs. 2502.54 For sale proceeds on 9.12.85 Rs. 30,615.48 For sale proceeds on 23.12.85 Rs. 30.9119.62 For sale proceeds on 3.1.86 Rs. 5,945.78 For sale proceeds on 20.1.86 Rs. 9,784.28 TOTAL Rs. 3,18,089.54 ;