Ramratna Singh, J.

1. The plaintiff has preferred this appeal against a decision of the Second Additional District Judge of Hazaribagh reversing a decision of the Second Additional Subordinate Judge who decreed the plaintiffs suit for declaration that an ex parte decree passed in summary suit No. 767 of 1956 by the Bombay City Civil Court on the 4th October, 1956 against him and in favour of the defendant-respondent was void, iilegal and inexecutable. The dispute between the parties arose on account of a contract entered into between them at Giridih in the district of Hazaribagh on the 8th February, 1952, under which the plaintiff was bound to sell all the Beryl and columbite minerals raised from his mines to the defendant-respondent who reserved to himself the option of purchasing minerals on cash or on credit.

2. According to the plaintiff-appellant, he supplied under the terms of the contract beryl to the respondent of the value of Rs. 16914/6/-. Towards this price, the respondent paid Rs. 700.00 in cash on the 12th February, 1954, and, thereafter, Rs. 6000.00 through three cheques, each of Rs. 2000/-. As the cheques were cross-cheques, the appellant in order to facilita