Judgment

KOSHAL, J.:- This appeal by certificate granted by the High Court of Gujarat under sub-clause (a) of Clause (1) of Article 133 of the Constitution of India is directed against its judgment dated the 29/30th October, 1969, accepting a first appeal preferred by the defendant firm to it and dismissing the plaintiffs suit which had been decreed by the trial court.

2. The said suit was filed on the 24th November, 1958, in the court of the Civil Judge, Senior Division, Nadiad, by one K. M. Patel for the recovery of Rs. 38,718/- from the defendant firm on account of the price of 225 bags of tobacco weighing 268 Bengali maunds at the rate of Rs. 112/,- per such maund and interest thereon. The case set out in the plaint was that the tobacco in question had been purchased by the defendant firm on the 28th of November, 1955, that the same was despatched to the defendant firm by train from Anklav railway station on the 1st of December, 1955, on which date a bill for Rs. 30,523/- covering the price of the goods and incidental expenses was sent to the defendant firm, that the goods were received by the defendant firm who failed to pay for the same, that ultimately the defendant firm gave