Hallifax—The plaintiff in this case agreed to buy fifty thousand bundles of bidi leaves from the defendant for Rs. 200. He paid Rs. 100 in advance and also sent thirty-one bags worth Rs. 7-12 for the leaves, but later the contract fell through. He then filed the present suit for the return of his hundred rupees and his bags or their value. It was held in the Small Cause Court that the plaintiff himself first broke the contract, and his suit was dismissed as a necessary consequence of that finding. In his application to this Court he seeks revision first of all of that finding, but after perusal of the letters that passed between the parties and of the entry in the plaintiff's own account book I am not only unable to discover any reason for setting it aside but I am satisfied that it is correct.

2. I am distinctly of opinion, for reasons, which will be stated later, that the question of the return of the amount of a deposit or advance payment or ''earnest-money'' such as this must be answered with reference to the provisions of the Indian Contract Act In this view, the dismissal of the suit is by no means a necessary consequence of the finding that the plaintiff was to blame