V.O. THARIYAN, AGED 48 YEARS, S/O. V.T. OUSEPH, VADASSERY HOUSE, ELINJIPRA, KALIKKAKUNNU P.O., CHALAKKUDY, PIN Vs. ST. THERESAS TIMBER INDUSTRIES, OKKAL KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK, REPRESENTED BY ITS PROPRIETOR JOSEPH, S/O.ANTHONY, AGED 54, EDATHALA HOUSE, OKKAL KARA, CHELAMATTOM VILLAGE, PIN

JUDGEMENT

(1.) This second appeal filed against the concurrent findings entered by the Subordinate Judge's Court, Perumbavoor in O.S.No.146/2009, followed by the judgment of the Additional District Court, North Paravur in A.S.No.149/2010 has been admitted on the following substantial questions of law as formulated in the memorandum of appeal:

(2.) The learned Senior Counsel for the appellant has pointed out that the question referred to in ground (A) comes under the question referred to in ground (C) and therefore, the question referred to in ground (A) need not separately be considered. It further follows that the question referred to in ground (D), which reads: "Were not the courts below bound to draw adverse inference for non-production of the best evidence in the form of signed copies of the consignment notes in proof of delivery of the goods covered by Exts.A1 and A4 bills and the relative orders placed by the appellant for supply of goods on the facts and in the circumstances of the case?" also follows the question referred in ground (C).

(3.) On hearing either side, this Court is of the view that the following questions of law arose for consideration in this second appeal: