Judgement

SHAH, J. : The appellant instituted Suit No. 250 of 1950 in the Court of the Civil Judge (Senior Division), Junagadh for a decree for Rs. 72,693/11/- alleging that the appellant had a personal account with the respondent in respect of drafts, cheques, hundis and cash, and at the foot of that account Rs. 58,000/- as principal amount and Rs. 5,793/12/- as interest remained due and payable by the respondents, that beside the amount due on the said personal account an amount of Rs. 8,899/15/3 was due to him in respect of a transaction of sale of 1300 bags of groundnut sent by him between January 16 to January 28, 1950 and the price of gunny bags and groundnut oil-cakes delivered to the respondent. Appellant further alleged that forward contracts were prohibited with effect from November 19, 1949 by the Saurashtra Groundnut and Groundnut Products (Forward Contracts Prohibition) Order and that the said contracts being illegal the appellant was not subject to any liability arising from adjustment of credits and debits or differences in rates relating to forward contracts and the respondent was not entitled nor authorised to make credit and debit entries in the appellant s account