VIMADALAL, J.:- This is a Civil Revision Application filed by the original plaintiff to set aside the order of the learned Civil Judge, Senior Division, Kolhapur, dismissing the plaintiff's suit with costs. The facts necessary for the purpose of disposing of this Revision Application are simple, but it raises an interesting point of law of some importance to the business community which, as far as the learned advocates before us were able to find out, is not covered by any decision of this Court. One Dundage, who carried on business at Shankeshwar, had purchased some gram dal from the plaintiff who carried on business at Kolhapur which, the evidence shows, is at a distance of 38 miles from Shankeshwar. The agreed price of the said goods was Rs. 863.94 P. out of which Dundage had already made a part payment of Rs. 180/- on the 17th of August 1965. On that date, the goods in question were loaded in a truck, but were looted at Kolhapur in the course of some disturbances there, and the balance of Rs. 683.94 P. remained to be paid by Dundage to the plaintiff towards the price of the said goods. On the 19th of August, 1965 Dundage purchased a draft for the said balance of Rs. 68