Hazra, J. - (1.) This is an appeal against the decree of the learned trial Judge dated June 20, 1971 for rupees 10,447.64 being the balance price of goods sold and delivered and the balance of security deposit.
(2.) At the hearing of the appeal before us the respondent, decree-holder, the plaintiff in the suit did not appear. The Advocate on record of the respondent stated that he did not receive any instructions to appear and wanted leave to retire. We gave him such leave, and he retired.
(3.) In this appeal the question of implied terms as to quality or fitness of the goods under Section 16 of the Sale of Goods Act, 1930 has been raised. To appreciate the points which arise for our consideration I will first state briefly the facts and circumstances under which the suit was filed by Bengal Corporation Private Ltd., shortly Bengal Corporation against the Commissioners for the Port of Calcutta, Shortly Port Commissioners.;