A.N.Ray, J. - (1.) The plaintiff filed this unit for the recovery of Rs. 21,778.98 nP. The plaintiffs case, in short, is that the plaintiff and the defendant had transactions whereby the plaintiff sold and delivered to the defendant tin containers of divers sizes upon terms that the price would be payable within 30 days from the date of presentation of the bills. The aggregate of the bills for the goods supplied by the plaintiff to the defendant is set out in paragraph 3 of the plaint. In paragraph 6 of the plaint it is alleged that the defendant paid the plaintiff a sum of Rs. 50,000/- in part liquidation of the defendant's liability to the plaintiff under the several bills. Certain bills were returned by the defendant to the plaintiff and the plaintiff issued credit notes to the defendant.
(2.) On November 5, 1963 the defendant paid the plaintiff two several sums of Rupees 26,306.86 nP and Rs. 257.04 nP after deducting Rs. 18,791.64 nP. In paragraph 11 of the plaint it is alleged that the deduction was wrongful and that the deduction was in respect of the defendant's alleged claim for damages.
(3.) In paragraph 12 of the plaint the plaintiff alleges that the plaintiff duly appropriated the sum of Rs. 26,563.90 nP to the plaintiff's claim under the several bills without prejudice to the plaintiff's rights to recover the balance due under the bills.;