C. A. VAIDIALINGAM, J. :

This is an appeal by the plaintiff against the dismissal by the learned Subordinate Judge of Kozhikode, of his suit O. S. 38 of 1951 on the ground that the suit contract is void and not legally enforceable, in view of the provisions of the Vegetable Oils and Oilcakes (Forward Contracts Prohibition) Order, 1944.

2. The plaintiff, who is a merchant carrying on business at Kozhikode, filed the suit against the defendant, a firm of merchants carrying on business in Oilcakes at Madras, for recovery of a sum of Rs. 9,000/- as damages for breach of contract and for certain other reliefs.

3. The plaintiffs case was that on 5th December, 1950, the defendant entered into a contract with the plaintiff through a broker for the supply of 200 tons of groundnut oilcake at 190/-per ton of 2240 lbs. F. O. R. The delivery was to be in January and February 1951 at the rate of 100 tons each month and that the plaintiff is to supply necessary gunnies, 15 days before the despatch. The plaintiff further alleged that the contract was accepted by both parties and parties took further steps in fulfilment of the contract, but the defendant, without any justification whatsoever