P. B. MUKHARJI, J.

( 1 ) THIS is a commercial cause. The plaintiff company instituted this suit against the defendant firm for the recovery of a sum of Rs. 12,862. 73 P. , interests and costs.

( 2 ) THE plaintiff's case on the plaint is as follows. On May 1, 1964 the plaintiff company placed an order, being purchase Order No. 1330, with the defendant for the sale to the plaintiff of iron joists and other articles, the particulars of which are mentioned in the order itself. The defendant agreed to sell and deliver these goods according to the terms and conditions of that purchase order. These iron joists and other articles were intended to be used in the construction of a building and/or a factory. It was also a term and condition of the agreement that the defendant should deliver the said goods within 10 days of the date of the agreement. In other words, the supply was to be completed within 10-5-1964. It is pleaded that time was of the essence of the contract. On that very same day, i. e. , May 1, 1964, the plaintiff paid Rs. 40. 188. 46 P. in advance to the defendant towards the price of the said goods. The plaintiff further states in the plaint that the defendant failed to del

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