VALMIKI J. MEHTA, J

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 7.3.2006 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs.10,60,346/- alongwith interest.

2. The facts of the case are that the appellant/plaintiff is the buyer of goods. The goods in question is a pharmaceutical chemical namely Erythromycin Thiocyanate. The defendant no.1 was the seller of the goods and being a resident of China, acted through the defendant no.2, who is the agent of defendant no.1. Appellant/plaintiff pleaded that the material which was purchased by the appellant/plaintiff from the defendant no.1 through the defendant no.2, though was to be 2000 KGA, keeping in mind that the issue of actual weight is not of relevance, inasmuch as what is relevant is the activity basis in the weight of the material being sold. Activity basis means that the material is quantified by taking into account the per milligram unit of potency which normally is in micrograms(UG). The per kilogram activity is derived by multiplying the net we