( 1 ) THIS is an appeal from an order for stay of a suit made on March 31st on the defendant's application. The order was subject to a condition that the defendant should pay into Court a sum of Rs. 3,20,000 being approximately half the amount claimed by the plaintiff within a month from the date of the order during which period the stay was to operate unconditionally. The order however was to expire after eight months from the date of its making and was to stand vacated if the above mentioned sum was not deposited in Court within the time limited.

( 2 ) THE appellant claims that in the circumstances of the case there should have been an unconditional order for stay. The facts of the case leading to the making of the application may be summarised as follows: The plaintiff No. 1 (herein referred to as the plaintiff) agreed to sell to the defendant 10,000 long tons of iron ore (magnatite) ten per cent more or less depend ing on charter party conditions at buyer's option The price was to be 85 Shillings per dry long ton based on 65 per cent Fe. Content F. O. B Calcutta, trimmed, shipment to take place between February and June, 1957. Payment was to be made under an irrevo