N.K.Bhattacharyya, J. - (1.) The appellant by this appeal challenged order No. 23 dated 2-2-93 passed by the learned Judge, 13th Bench, City Civil Court, Calcutta, in Money Suit No. 551 of 1992 dismissing the appellant's petition dated 15-12-92 under Order 40 Rule 4 read with section 151 of the Code of Civil Procedure on contest with cost.
(2.) In a brief profile the fact of the case is that the appellant entered into an oral contract with the respondent herein for supply of 10 tonnes of Maya Arthodox Blended Tea (which term will be referred to hereinafter as the 'Said Tea') at a price of Rs. 52/- per Kg. (all inclusive).
(3.) It has been further alleged that during the time of entering into the parole agreement it was known to the defendant (the present appellant) that the plaintiff (the present respondent) purchased the said tea for reselling and/or supplying the same to the Tea Trading Corporation of India Limited who in turn required the same for export to Kazakistan.;