JUDGMENT

R. Chandra, J. - This is a plaintiff's appeal and arises out of a suit for money.

2. The plaintiff filed the suit for the recovery of Rs. 1213121/-. It was alleged that on 13th August, 1953 an order was placed with the defendant for the supply of 150 bags (weighing 2 mds. and 30 seers each) , of D-27 sugar of Kath Kuiyan Sugar Mills Ltd., District Deoria, at the rate of Rs. 281-per mound. Under that transaction, the plaintiff paid Rs. 4501- as advance for the supply of the goods. On 9th June, 1954, the plaintiff again placed another order for the supply of 220 bags (weighing 2 mds. and 30 seers each) , of sugar of F-28 quality of Saraiyan Sugar Mills, Sardarnagar, at the rate o# Rs. 32121- per maund. Under that transaction also, Rs. 6601/- were paid as advance for the supply of the goods. The defendant failed to supply the sugar within a reasonable time. So, under the telegram dated 11th June, 1954, the plaintiff was compelled to cancel both the orders. On these grounds a decree was claimed for refund of the advance money, and damages suffered due to the defendant's conduct.

3. The defendant contested the suit on a variety of grounds. On the pleadings of the parties, the le