S.B.CIVIL SECOND APPEAL NO. 494/2006-M/s Zenith Papers vs. Srinath DATE OF ORDER : 12/12/2008 1/2 S.B.CIVIL SECOND APPEAL NO. 494/2006 (M/s Zenith Papers vs. Srinath) DATE OF ORDER : 12/12/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sajjan Singh, for the appellant. 1. Heard learned counsel. 2. By concurrent findings, the two courts below passed the money decree in question. The suit was filed by the plaintiff for recovery of sum of Rs.47,114.80 on account of goods i.e. Gwar Gum supplied by plaintiff to the defendant. 3. Learned counsel for the appellant defendant submits that the evidence on record in the form of letters of the plaintiff were not considered by the courts below as the defective goods were returned by the defendant to the plaintiff. This Court has gone through the impugned judgment of the courts below. The first appellate court has clearly found that the defendant failed to produce any evidence before the learned trial court in the form of Lab Test Report or any other evidence that the goods supplied to the defendant could be said to be defective nor any evidence to establish the return of the goods by the defendant to the plaintiff was produced before the courts below. 4. This Court is of the opinion that findings of fact arrived at by S.B.CIVIL SECOND APPEAL NO. 494/2006-M/s Zenith Papers vs. Srinath DATE OF ORDER : 12/12/2008 2/2 the courts below on the basis of relevant evidence cannot be assailed in the present second appeal. No substantial question of law arises in the present second appeal for determination by this Court. The second appeal is found to be devoid of merit and the same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.4 baweja/-