( 1 ) THIS is a Reference made to a Full Bench by a Bench of this Court in an appeal from an order of a single Judge sitting on the Original Side. The Bench referring the case pointed out that there was a conflict of authority and that' however the case was decided, another Bench decision of this Court would have to be, dissented from. That being so the referring Bench was of opinion that it had no alternative but to refer the case to a Full Bench.

( 2 ) TO appreciate, the points involved it will be necessary shortly to set out the facts which gave rise to this litigation.

( 3 ) THE defendant-appellant resides in a village called Kulgachia in the District of Howrah, the village being about twenty-eight miles away from Calcutta. He carried on the business of manufacturing mosquito netting and eventually one Maniruddin who had purchased, netting from the defendant-appellant introduced the latter to the plaintiff Prafulla Kumar Sen Gupta. The , plaintiff ordered quantities of. mosquito netting from the defendant and made payments in advance. The allegation was that the defendant had failed to supply a quantity of netting which had already been paid for and on January