1. - These two civil regular first appeals arise out of two cross-suits which were consolidated and disposed of together by one common judgment of the learned Senior Civil Judge, Jaipur City, dated 29th September, 1958.

2. Briefly put the facts relevant to the controversy which nu v remains between the parties, are that Ramdeo and others entered into contract. for the forward purchase of 600 bales of Bardana (gunny bags) of Mah Sudi Poonam delivery (waida) with the firm Messrs Birdhichand Sumermal on different dates between Posh Badi 10 and Posh Sudi 1, Smt. 2000, at varying rates between र 81/6/- and र 82/8/-. One bale contained 500 bags and the price of 100 bags was quoted as the rate. Messrs. Birdh chand Sumermal did not deliver the bags to Ramdeo and others who filed a suit on 4-4-1947 (subsequently registered as suit No. 45 of 1952) against the film Messrs. Birdhichand Sumermal and its partners Gambhirmal and Tikamchand. It was alleged in para three of the plaint, as originally filed, that, according to the usage of the market at Sambhar, where the contract was entered into the goods of Poonam delivery are delivered from Badi 1 to Badi 5 of the succeeding month and the