The material facts bearing on the plea raised are these. The petitioner commenced on July 2, 1951 in the Court of the Subordinate Judge, First Class, Ajmer an action against the respondents claiming a decree for Rs. I 0,665 and for rendition of F accounts in respect of the balance of sale proceeds of 104 bales of cotton purchased by him through the agency of the respondents. The petitioner claimed that I 04 bales of cotton purchased by him were sold by the respondents as his agents on May 14, 1948 for Rs. 27,267I13 / 6 and without settling the account the respondents delivered towards that amount a demand draft for Rs. 11,000 G which was encashed and four cheques of the aggregate value of Rs. 13,000 which because of Jack of arrangement with the respondents' bankers were not encashed, and the petitioner on that account was entitled to receive from the respondents Rs. 10, 665 being the amount due on the foot of dishonoured cheques and inierest thereon at the rate of 6% per annum between July 2, H 1947 to July l, 1951, Jess Rs. 4,000 subsequently received by him. The petitioner also claimed a decree for the balance of the price.
