( 1 ) THIS is an application for an amendment of the plaint. The plaintiff instituted this suit on 26-5-1952 against the defendant. It is alleged in the plaint, as filed, that on or about 30-3-1949, it was agreed by and between the plaintiff and the defendant by means of letters exchanged between the parties that the plaintiff would sell and the defendant would purchase 100 tons of imported continental paper upon certain terms specified in the plaint. It is then stated that the plaintiff had supplied the defendant and the defendant had accepted 40 tons 756 lbs. of the contracted goods, as a result of which a sum of Rs. 80,663/8/3 became due and payable, out of which the plaintiff had been paid a sum of Rs. 58,943/14/3 on or about 14-11-1949, but the defendant had failed and neglected to pay the balance. In the alternative the plaintiff stated that he had supplied the said goods to the defendant not intending to do so gratuitously and that the defendant was liable to compensate the plaintiff for the benefits enjoyed. By the amendment the plaintiff wishes to add a paragraph making an alternative case that if the agreement between the plaintiff and the defendant as mentione