PANIGRAHI, C. J.

( 1 ) THIS appeal raises an Interesting point of law relating to the principle of equity of relief against forfeiture in a contract for sale of goods. The plaintiff-appellant agreed to purchase, and the defendant agreed to sell 200 garces of paddy at Rs. 225/- per garce, and the delivery was to be made between Bhadra Furnima and margasir Purnima of that year. In pursuance of this agreement the plaintiff paid rs. 2000/- on 29-6-1943 the date of the contract, and later on the 1st July 1943, a further sum of Rs. 10,000/ -. He appears to have felt some difficulty in taking delivery of the stocks from the very beginning, owing to heavy rains and transport difficulties. He failed to complete the contract within the stipulated period. On 1-11-1943 the defendant sent a registered notice, alleging breach on the part of the plaintiff and calling upon him to complete the contract by paying up the balance of the purchase-money of Rs. 33,000/- and taking delivery of the paddy from the defendant's granaries at Saleppo by the end of November, 1943, The plaintiff defaulted in taking delivery even by the end of November 1943, and it is said that he did not even reply to the defend