JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This writ petition is filed by the petitioners/original defendants, being aggrieved by the Order dated 13th August, 1986, passed by the Vth Jt. Civil Judge, Senior Division, Pune, dismissing the application of the petitioners for setting aside the decree passed in Special Civil Suit No. 601 of 1977.

2. Few facts, which are required to be stated, are as follows:

The respondents, namely, M/s. MAFCO Limited, who were original plaintiffs, had filed suit against the present petitioners, namely, Himachal Pradesh Co-operative Marketing and Development Federation Limited, to recover a sum of Rs. 1,63,134.50 Ps. and costs. The plaintiff Company entered into an agreement with the defendants for purchase of quality seeds of potatoes from the defendants under the terms and conditions embodied in the letter dated 7th October, 1974. The defendants were, however, unable to supply the required quality potato seeds. The plaintiffs' grievance was that the potato seeds supplied by the defendants were of substandard quality and were of rotten quality. The plaintiffs abandoned the damaged seeds and submitted a detailed statement of damaged, spoiled and rotten quant

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