CHAKRAVARTTI, C. J.

( 1 ) THERE are two appeals before us from a common judgment of P. B. Mukharji, J. , by which the learned Judge dismissed both of two applications which the parties had made before him against each other in a suit in which one of them is the plaintiff and the other the defendant. The applications were made in the following circumstances.

( 2 ) ON the 21st December 1953, an agreement was entered into at Bombay between one Shorab Merwanji Modi, a cinema-actor and producer of films of that place, carrying on business under the name and style of Minerva Movietone and Mansata Film Distributors, a Calcutta firm carrying on the business of exhibiting and distributing films. By the agree-men, Modi appointed- the firm, distributors for the territories of 'c. P. and C. I. Circuits', in respect of three motion pictures going to be produced by him immediately after the production of a film called 'jhansi-hi-Rani' had been completed. The appointment was for a period of seven years from the date of the delivery of the first censored print of each of the three pictures. Under the terms of the agreement, the distributors were to pay to the producer a certain sum in certain in

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