( 1 ) THIS is an appeal filed by the original defendant under Section 96 of the Code of civil Procedure, against the money decree for an amount of Rs. 39,533. 60 p. with running interest at the rate of 12 per cent per annum and also the order regarding cost by the learned Judge of the City Civil court at Ahmedabad in Civil Suit No. 3372/76. The facts, in brief, which have given rise to the appeal, are as under:

( 2 ) THE respondent- Arvind H. Pathak, sole proprietor of M/s. Vinus Containers at Godhra, filed Civil Suit No. 3372/76 against the present appellant Gujarat Agro oil Enterprises Ltd. for recovering an amount of Rs. 29,386. 25 p. for the price of the goods sold and delivered to the defendant, with interest amounting to rs. 10,238. 20 p. on such principal amount and Rs. 100/- by way of notice charges. According to the plaintiff, who was manufacturing Tin containers of various types and sizes at Godhra agreed to supply tin containers as per the defendants purchase orders No. 21299, 21300 and 21301. According to him he had supplied different quantities of tin containers on different dates in the months of June, July, august, September and October 1973, but the defe