( 1 ) THIS is the plaintiffs First Appeal against the Judgment and decree dated 31. 12. 1979 passed by the Civil Judge (S. D.), Jamnagar in Civil Suit No. 82/74 whereby the plaintiffs Suit was dismissed.

( 2 ) HEREINAFTER in this judgment the present appellant will be referred to as the Plaintiff and the respondent as the defendant. The defendant is a Co-operative Society carrying on business of manufacture and sale of sugar. This Co-operative Society is actually named as Shri Bileshwar Khand Udyog Khedut Sahakari Mandli Ltd. This defendant Society entered into a contract for purchasing 13 Twill 106 bales from the Plaintiff at the rate of Rs. 515. 00 per 100 gunny bags, one bale containing 300 Nos. of gunny bags. According to the plaintiff, the defendant Society took delivery of 30 bales in truck and out of Rs. 46,409. 00, Rs. 42,200. 00 had paid paid by defendant on 8. 4. 74. Thereafter, another consignment was sent to the defendant - Society of 35 bales in the truck and against a sum of Rs. 54,133. 00 the defendant paid Rs. 57,000. 00 on 10. 4. 74 towards the account (Khata) maintained by the plaintiff in regular course of business and 41 bales out of 106 bales rem