A. K. MUKHERJEE, J.

( 1 ) THIS is a suit for the recovery of the sum of Rs. 1512/2/3 pies from the defendants. The facts and circumstances of the case are as follows :

( 2 ) SOME time in March 1949 the plaintiff made an application to the Civil Supplies Department of the Government of West Bengal for a permit for the supply of 15 tons of cement. At that time the Cement Control Act was in force and it was not possible to procure cement in the open market. The Government of West Bengal issued a permit in favour of the plaintiff for 15 tons of cement which under the terms of the permit were to be supplied by Messrs. Bharatiya Byapar Mondal, the defendant No. 2 in this suit. Under the terms and conditions of the said permit delivery of the cement was to be taken within 20 days from the date of the issue of the permit and the plaintiff was directed to deposit the price of the cement with the stockist within a week from the date of the receipt of the license. After obtaining the permit the plaintiff gave a cheque for the sum at Rs. 2264/14/- to the defendant No. 2. He was asked to go for taking delivery of the cement about a week after he had handed over the cheque so that the cheque co

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