ORDER

Bajpai, J. - This is an application in revision by the plaintiff whose suit has been dismissed by the Court below. The facts may be briefly stated. Sometime towards the end of January 1934 the plaintiff and the defendant entered into a contract by which the latter was to supply 905 bags of Saharanpur chapati atah to the plaintiff in the month of February 1934 at the rate of Rs. 6-3 per bag. The defendant could supply only 151 bags, and thus there was a deficit in the supply of 754 bags. The plaintiff, therefore, brought a suit in the Small Cause-Court at Allahabad for the recovery of damages arising on the breach of the contract made by the defendant. The defence was that the Small Cause Court at Allahabad had no jurisdiction; that there was no breach of contract by the defendant and that the amount of damages was excessive. This case had had a chequered career, in the sense that the Small Cause Court at Allahabad tried this suit on 26th November 1934 and came to the conclusion that the plaintiff was entitled to damages at the rate of Re. 1 on 754 bags. He overruled the preliminary objection that the Allahabad Courts had no jurisdiction. There was a revision to this Court by t