JUDGMENT

B.B. Ghose, J. - This rule was granted at the instance of the defendant who has been made liable for Rs. 37 and odd as damages for what has been called a breach of contract. The ease is somewhat peculiar. The plaintiff's allegation was that he asked the defendant to bring a Thakur to his house on a certain date for a festival. He had made arrangements for Bhog and feeding of guests. The defendant promised to bring the Thakur to his house on that date but failed to do so. Thereupon, the guests who had arrived did not partake of the food prepared by the plaintiff and went away. This caused loss to the plaintiff and the plaintiff, therefore, sued the defendant for damages The learned Small Cause Court Judge allowed half of the claim made by the plaintiff, because he thought that no satisfactory evidence had been given as to the amount of the loss incurred by him on account of the defendant's failure to bring the Thakur. It is not necessary for the purpose of.this case to decide who the real shebait of the Thakur was or who its owner was. The plaintiff's case is that one Jiban Das had the Thakur which he left in the custody of the defendant. The defendant's case seems to be tha