( 1 ) EVEN if one Covers a marble stone with beautiful linen cloth or with flowers the marble Stone does not change its real character and worth Similarly by throwing the veil of suitable phraseology on the relief clause in the plaint the subject-matter of the suit Cannot be changed. In the back-drop of the facts that follow these observations are called for.

( 2 ) IT was the case of the petitioner-plaintiff that it is a registered partnership firm doing the business of purchase and sale of cotton seeds and cotton; that it had entered into two separate contracts with the defendant Cotton Corporation of India for purchase of Manavadar Cotton Seeds. As per the contract dated 28/11/1986 the defendant was required to deliver 4500 quintals of cotton seeds at the rate of Rs. 61. 25 ps. per 20 kgs. As per the contract dated 8/12/1986 the defendant was required to deliver 450 quintals of cotton seeds at the rate of Rs. 64. 50 ps. per 20 kg. The defendant had supplied 1260 quintals of cotton seeds in respect of first contract. Thereafter the defendant had failed to give delivery of the balance quantity of the cotton seeds. Therefore the plaintiff prayed for a declaration and