Two points are raised by Mr. Kothandaramiah, learned counsel for the appellant in these two second appeals. These second appeals arise out of two suits filed by the appellant for recovery of damages in respect of the two contracts under which the deceased father of the defendants 1 to 6 agreed to supply bags of groundnut seeds. The contracts were entered into on 18th August, 1945 and 19th September, 1945. The delivery in respect of these two contracts was to be made in December 1945 and in December 1945 or January 1946 respectively. Both the courts below have dismissed the suits mainly on the ground that the suit contracts are void as being in contravention of the provisions of “The Oil Seeds (Forward Contract) Prohibition Order, 1943”.

Learned counsel wanted to escape the provisions of this Order by contending that they would not apply to these cases on two grounds. One was that the contracts in these cases were not forward contracts within the meaning of the definition of the terms in clause (ii) of section 2 of the Order. The definition is as follows:

“‘Forward contract’ means ‘a contract for the delivery of oil seeds at some future date’.”

The argument is that as the con