Mukharji, J. - (1.) This is an appeal from the judgment and decree of Mr. Justice S. P. Mitra dismissing the plaintiff's suit for the recovery of a Rs. 35,152-6-0 in respect of delivery of supply of coal by the plaintiff to the defendant.
(2.) The foundation of the learned trial Judge's judgment is based on the conclusion which he expressed in the following terms: The plaintiff would have succeeded in this suit but for my decision that the contract sued upon is illegal and void and in any event the suit is not maintainable inasmuch as there was no contract of sale between the parties.
(3.) The issues raised before the learned trial Judge were as follows: (1) Was there an agreement between the parties as alleged in para 1 of the plaint? (2) Did the plaintiff supply coal to the defendant pursuant to the agreement alleged in para 1 of the plaint? (3) Was the defendant appointed commission agent on terms and conditions alleged in para 1 of the written statement? (4) Was there a memorandum of agreement entered into by the parties on December 19, 1954, as alleged in para 3 of the plaint? (5) Is the suit maintainable inasmuch as there was no contract of sale between the parties as alleged in the plaint? (6) To what relief, if any, is the plaintiff entitled?;