1. On behalf of defendant No. 1, who has presented this appeal, the first point taken by learned Counsel is that the lower appellate Court was erroneous in giving a decree to the plaintiff with regard to the sum of Rs. 2,614 and odd. being the price of standard cloth supplied by the plaintiff to the defendant for being sold at their shop, namely, Swadeshi Vastralaya. The argument of learned Counsel is that the plaintiff had license under the Bihar Cotton Cloth and Yarn Dealers (Licensing and Control) Order, 1944, which was promulgated and came into force on 14-1-1944. The defendant had no license for selling standard cloth which is defind in Sec.2(10) of the Control Order to mean "cloth stamped as such and issued for sale from godown of the District Magistrate", Sec.3 of the Control Order is as follows :

"3. Save as provided in Clause 12, no persons shall after the commencement of this Order, carry on business as a dealer except under and in accordance with the terms and conditions of a license in Form B issued by the Licensing Authority under this Order . Provided that any license issued under the Bihar Cotton Yarn (Control of Distribution) Order, 1942, or the Bihar Cotton