TYLOS TEA (PRIVATE) LIMITED

VS.

PAPETERIES DE MAUDIT

SUPREME COURT,
S. EVA WANASUNDERA P.C, J.
ANIL GOONERATNE J.
NALIN PERERA J.
SC (CHC) APPEAL No. 28/2008
HC (CIVIL) No. 261/2005 (1)
16.02.2017.

Prescription- Goods sold and delivered - Section 6 and 8 of the Prescription Ordinance - Acknowledgement of Debt - Section 65 (1) and (7) of Evidence Ordinance - 4 Purchase orders - Chapter V of Civil Procedure Code -Recognised agent - Lapse of time - Quality issue.

This is a direct appeal from the Commercial High Court to the Supreme Court. Plaintiff Company filed action against the Defendant Company to recover moneys due on Tea bag filter paper provided to the Defendant Company.

Plaintiff filed action through a power of Attorney holder as Plaintiff is a Company in France. Defendant Company claimed and pleaded a claim in reconvention. High Court held that Defendant did not prove their claim.

Parties proceeded to trial on 6 admissions and 29 issues. The question of prescription raised in the appeal, based on goods sold and delivered.

HELD:

1. Defendant did not lead any evidence to prove their counter claim, and it was dismissed by court. Further after a lapse of time