( 1 ) THIS is an application for leave to deliver Interrogatories. The plaintiffs suit is for the recovery of Rs. 3,05,679/14/- or Rs. 5,78,403/ 8/6. The plaintiffs case in short is that there were dealings and transactions between the defendant in the firm name of Rai Bahadur Hardut Rai Motilal Chamaria and the plaintiff for the purchase and sale of various commodities and inter alia one of the terms of business was that the plaintiff would advance monies to or on account of the defendants at the request of the defendant by way of temporary accommodation repayable on demand. The defendant in the written statement states that there were transactions but denies that the terms and conditions mentioned in paragraph 2 (a) of the plaint were agreed by and between the parties. The defendant also denies that the plaintiff is entitled to any claim or to any indemnity for any loss.

( 2 ) THERE are two affidavits affirmed On behalf of the defendant; one is affirmed by Sugan Chand Sarowgee on 24-7-1959 and the other is an affidavit of Rai Bahadur Motilal Chamaria affirmed on 22-9-1959. In the affidavit of Sugan Chand Sarowgee it is alleged that the interrogatories asked for ar