This City Civil Court Appeal is preferred against judgment and decree dated 28.12.1998 in O.S.No.2137 of 1989, wherein the trial Court dismissed the suit filed by the appellant for recovery of Rs.23,72,660.99 ps with future interest @ 18% per annum and costs from the date of suit till realization, towards loss and damages sustained by the appellant.

2. For the sake of convenience, the parties hereinafter will be referred to as they arrayed in the suit before the Court below. Brief facts which are necessary for disposal of the appeal are as follows:

Plaintiff filed the suit for recovery of Rs.23,72,660.99 ps with future interest @ 18% per annum and costs against the defendants 1 to 3. The 1st defendant is the firm and the defendants 2 and 3 are its partners; that the plaintiffs Corporation in the course of its business, floated tender No. S&S/12(10)/86, dated 03.12.1986 for the sale of sub-standard rice lying in various depots. The last date for receipt of tenders was fixed up to 3.00 p.m on 22.12.1986. In pursuant to the same, Managing Partner of 1st defendant firm submitted tender on behalf of 1st defendant in respect of lots of sub standard rice in Vizag, Tadepalligudem,