This revision raises the question of the propriety of the dismissal of an application made under Order 8-A, Civil Procedure Code. The petitioner was the third defendant in a suit, O.S. No. 445 of 1952 on the file of the IV Assistant Judge, City Civil Court. The plaintiff was constituted the agent by the Mysore Iron and Steel Works, Bhadravati, (first defendant) for the purpose of collecting 250 tons of scrap iron at Visakapatnam for the Scindia Steam Navigation Company, who originally figured as the second defendant in the suit. The plaintiff was carrying on business at Madras. He in his turn, made the third defendant, who was carrying on business at Visakapatnam, his agent for taking delivery of the scrap iron from the second defendant and forwarding it to the Mysore Iron and Steel Works at Bhadravati. The third defendant took delivery from the second defendant and passed a receipt for full delivery of the 250 tons. It was claimed by the plaintiff that the delivery was made not on weighment basis but on measurement basis. At Bhadravati a shortage of about 68 tons was found and the plaintiff had to refund a sum of over Rs. 4,000, representing the value of the deficit quan