( 1 ) IN this suit tile plaintiff seeks to recover from the defendant Rs. 5,236. 62 np. being the price of goods sold and delivered. The plaintiff's case as laid in the plaint is that on December 3, 1958 he supplied fabricated earth plates to the defendant. The plaintiff made the supply in his firm name, namely. "the Electric House" in which he was carrying on business. A bill was duly submitted by the plaintiff containing particulars of the goods sold as also the price payable by the defendant. On March 16, 1953 the defendant delivered to the plaintiff a cheque for Rs. 5,236. 62 np. drawn by the defendant upon the Bank of India Ltd. payable to the Electric House. The plaintiff's case is that this cheque was not presented for payment at the request of the defendant till September t, 1959 when the cheque on being presented for payment, was dishonoured.

( 2 ) THE defence is that the contract between the parties was entered into through one S. D. Sharma who acted as agent of the plaintiff. The plaintiff by his words or conduct induced the defendant to believe that the said S. D. Sharma had the authority to act and to enter into the contract on behalf of the plaintiff