( 1 ) THE plaintiff, a partnership firm, sues the defendant, a nationalised bank and successor-in-interest of a banking company, for the recovery of Rs. 2,19,411. 00, being the balance of the value of the goods belonging to the plaintiff which were in the possession of the defendant at the end of August, 1947 in the territories now forming part of Pakistan, on the allegations that the plaintiff opened with the Jahania office of the erstwhile Punjab National Bank Limited, a cash credit account in 1946 with a limit of Rs- 12,00,000. 00 and by way of security for the loan proposed to be advanced, the plaintiff pledged with the said bank stocks consisting of Kappas, cotton seeds, cotton seed eakes and cotton seed oil etc. According to the plaintiff, the cash credit agreement entered into between the parties on October 23, 1946, inter alia, provided that the goods pledged would remain in the exclusive possession and under the exclusive control of the bank; that a margin of 20 to 30 per cent. in favour of the bank would always be maintained; and that the, plaintiff would insure the stock against all risks and if the plaintiff made default, the bank would get the necessary insu