( 1 ) THE petitioner brought a suit on 25-4-1953, on the Original Side of this Court against the opposite party Dwip Narain Singh and also one Chandra Sekhar Singh on a claim of Rs. 21,500/- on the averment that pursuant to an agreement between it and the defendants in February 1944, that they would sell and deliver bricks to it at the agreed price and a mutual open and current account will be kept in respect thereof, the defendant did supply bricks between February, 1944 and July, 1950, and that it is found that the payments which the plaintiff had made form time to time have resulted in an over-payment to the defendants to the extent of Rs. 21,500. On 13-8-1955, a suit was brought by the opposite party Dwip Narain Singh alone as plaintiff in the 2nd Court of the Subordinate Judge at Hooghly on a claim of Rs. 7236/- on account of bricks said to have been supplied to the present petitioner as per written order dated 14-7-1950. The defence of the present petitioner in that suit is that the supply of the bricks mentioned In the plaint was really in pursuance of the agreement of February, 1944, on the basis of which he has already brought the suit on the Original Side. In this written

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