Law: Civil Procedure Code, 1908

Section: 20

Second Appeal-- ----Scope--For succeeding in 2nd appeal, appellant has to establish prima facie that decision was either contrary to law as substantial error or defect in procedure was committed while deciding the matter. [P. 166] A Agreement-- ----No agreement between parties--Goods were delivered to agents--Authority of agent can be impliedly--Agreement does not always depend upon terms or writing--Validity--In absence of writing, it is behavior and conduct of parties which matter to reach to conclude whether there exists any concluded agreement or otherwise.                                                                                                                         [P. 166] B 2012 SCMR 1027 SC UK, ref. Binding Agreement-- ----No specific and clear denial to claim--Paid sale tax amount of goods were admitted--Validity--Such admission and act of making payment of sale tax of goods received is indicative that appellant from its conduct, proved existence of binding agreement.                                                              [P. 168] C Agreement-- ----Conduct and attitude proved the whole transaction to be result of an agreed agreement--Payment of sale tax--Since it already established that on such acts, appellant not only received goods but also made payment of…