Q: Delineate the citation of Ashoke Khan V. Abdul Karim , 2005 ?

Ans: 

Ashoke Khan v. Abdul Karim

Allahabad High Court

Aug 30, 2005

The Allahabad High Court further, considering the provisions of Section 226 of the Contract Act, it cannot be said that agent or dealer is not jointly and severally liable for the defects in the ‘power tiller’, as the contract is through the dealer. Therefore, privity of contract is with him. It is true that normally such liability with regard to the manufacturing defects is to be borne by the manufacturer.

But, that would not mean that the dealer is absolved from joint and several liability. As held in the aforesaid case, the District Forum shall ensure execution expeditiously and immediately, if necessary, by making the petitioner to pay initially and, then, it will be for the petitioner to claim reimbursement from the manufacturer (Respondent No. 2).

In the result, the Revision Petition is dismissed. 

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