JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.

3. Both these Appeals are against a judgment dated 9th December, 1999 and are being disposed of by this common Judgment. The parties will be referred to in their capacity in Civil Appeal arising out of SLP (Civil) No. 2250 of 2000.

4. Briefly stated the facts are as follows :

In 1996 the Appellant had placed an order with the Respondent for purchase of greasy fleece wool. The goods were shipped to Mumbai on C.I.F. terms in September 1996. The Appellant claimed the goods from Mumbai and took them to Ludhiana. The Appellant did not pay the price of the goods on the ground that after taking delivery it was found that the goods were of an inferior quality. The Respondent sent a Lawyer s notice dated 18th October, 1997. The Appellant, through his lawyer, sent a reply dated 8th November 1997. On 19th January, 1998 the Respondent filed a case in Central London Country Court in United Kingdom. The Respondent claims that the Appellant was served with the summons of that case. The Appellant claims that he had not been served in that case. For our purposes we are not concerned with this controversy and express no opinion thereon.