( 1 ) THE suit which has given rise to this first appeal was instituted by the respondent, a cloth merchant at Farrukhabad, to recover a sum of Rs. 6,108/1/3 from the appellant, which is a firm of cloth merchants at Kanpur. The respondents case was that a partner of the appellant firm purchased for the firm 67 thans of Anda Boski silk from him on 20-4-1945 at the rate of Rs. 5/5/9 per yard, took immediate delivery of 10 thans and left the remaining 57 thans with the respondent saying that Messrs. Raghubar Dayal Ram Charan of Farrukhabad would take delivery of those thans on the appellants behalf and would pay the price thereof at the time of delivery. It was, further, alleged that interest was agreed to be paid at ten annas per cent, per mensem. The respondent went on to allege that Messrs. Raghubar Dayal Ram Charan did not take delivery of the remaining 57 thans and made no payment. According to him, the appellant firm was given notice but it still refused to take delivery of the thans. Then follows a very material allegation in the plaint, viz. that after informing the appellant firm the respondent sold the remaining 57 thans. But since the. Government had by