JUDGMENT:

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 appellants 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 prope