( 1 ) THE claim in his suit is one for refund of a sum of Rs. 7,381/12/ -. The case in the plaint is that, the plaintiff had purchased several lots of paper from the defendant No. 2 which remained deposited with the defendant No. 1 hereinafter referred to as the Bank. It was agreed by and between the parties that the plaintiff would take delivery of the said paper from the Bank, upon payment of its value against instructions of the defendant No. 2. The Bank in turn, agreed to issue delivery orders in favour of the plaintiff to the warehouse, where the paper is stored, free from warehouse and other charges. Pursuant to this agreement, it is alleged that the plaintiff paid the Bank a sum of Rs. 1,581/12/- in accordance with the first delivery instructions issued by the defendant No. 2, but in breach of the agreement and the instructions of the defendant No. 2 the Bank issued defective delivery orders making the plaintiff liable to pay a sum of Rs. 86/14/- as warehouse charges. By a letter dated April 11, 1955, it is alleged the Bank accepted its mistake and agreed to grant the plaintiff a deduction of the sum of Rs. 86/14/- and further promised to issue proper deliv