RAM SINGH Vs. JETHANAND WADHUMAL AND CO

JUDGEMENT

(1.) THIS is a plaintiff's second appeal from the judgment and decree of the Senior civil Judge, Ajmer, dated the 14th November, 1958, affirming the decree of the second Additional Sub-Judge, First Class, Ajmer dated the 31st January, 1956. By these decrees the plaintiff's suit for damages amounting to Rs. 1,875/- was dismissed and the defendant's counter claim of Rs. 1,000/-, was decreed.

(2.) THE material facts leading to this appeal may be briefly stated as follows: on 21st of May, 1954, the defendant M/s Jethanand Wadhumal and Co. Ajmer through on of his managers Shri Lachman Dass contracted to purchase 500 x 36 Ibs. tins of Prabhat Brand Hydrogenated Ground-nut and Til Oil (Vegetable Ghee) on some terms and conditions, the material conditions being as follows:

(3.) THE defendant contested the suit on various grounds. The main plea with which we are concerned in this appeal relates to the illegality of the contract. The defence was that the contract being a "forward contract" was in violation of the forward Contracts (Regulation) Act of 1952. The defendant also filed a counter claim for Rs. 1,000/-paid to the plaintiff in pursuance of the contract. It appears that at the time of arguments on certain preliminary legal issues relating to the illegality of the contract, the defendant did not rely upon the provisions of the forward Contracts (Regulation) Act of 1952 but took shelter under the provisions of the Vegetable Oils and Oilcakes (Forward Contracts Prohibition) Order, 1944 (hereinafter referred to as the "order" ).