1. This second appeal is by the plaintiff against the concurring judgment of the Courts below dismissing his suit for recovery of damages for breach of contract.

2. The plaintiff's case was that in the month of Bhadva, Samvat 2002, the defendants had entered into four contracts agreeing to sell in all 85 Manis of cotton at certain rates which were to be applied on Fagun Sudi 15, Samvat 2002. As the defendants failed to supply the cotton, the plaintiff assessed dameges on the basis of the difference between the market rate of cotton on that date and the agreed rate.

3. The defendants denied the contracts and pleaded that even if they were entered into they amounted to wagering contracts within the meaning of Circular 5 of Samvat 1970 and were not entered into in accordance with the necessary formalities required by that circular. Accordingly, it was claimed that the contracts were void. In reply, the plaintiff contended that the Circular was impliedly repealed by the Contract Act and that it was also unconstitutional.

4. Both the Courts blow found hat there were four contracts between the parties as alleged by the plaintiff and they did not amount to wagering contracts; but as