Sathish Ninan, J.

1. The dismissal of a suit for damages is under challenge in this appeal.

2. Plaintiff company is engaged in the business of rubber latex processing. The defendant invited tenders for sale of "675 barrels of normal rubber latex processed during the month of December, 1990 at Ayiranalloor Estate". The plaintiff's bid was confirmed. Thereupon, Ext. B5 agreement was executed between the parties. Plaintiff paid price for 644 barrels. Out of the total quantity, the plaintiff lifted only 605 barrels. The allegation of the plaintiff is that the latex is of substandard quality and does not conform to the normal required standards. Accordingly the suit was filed for realisation of an amount of Rs. 2,26,182/-. The defendant denied the allegation regarding the quality of the latex. The claim for damages was challenged.

3. As specified in the tender, the product sold was "normal rubber latex processed during the month of December, 1990". The allegation is that the latex supplied contained a high quantity of volatile Fatty Acid (VFA) than normal standards. PW 2 is an expert from the Rubber Board. He has deposed that since 2 to 3 months after the latex is procured the VFA