HOT CHAND SHAMDAS Vs. LALA SRI RAM

JUDGEMENT

(1.) This Civil Revision filed by the defendant arises out of a suit for recovery of Rs. 617/8/-.

(2.) On 26th February 1957 the defendant firm entered into a contract of forward transaction for supply of 250 bags of oil cakes at the rate of Rs. 8/5/- per maund. The delivery was to take place on 13th May 1957. No delivery of the goods was given and the plaintiff brought the suit for recovery of damages stating that he had to purchase of cakes at Rs. 9/9/- per maund. A loss was said to have been suffered by the plaintiff.

(3.) The main defence to the case was that the contract was of a wagering nature and that forward transactions in vegetable oil and oil cakes having been banned by the Vegetable Oils and Oilcakes (Forward Contracts Prohibition) Order, 1944, dated 8th January 1944, the plaintiff could neither enforce the contract, nor could he claim any damages in respect of it.