1. The Appellant sues the Respondents for recovery of Rs. 1,000 deposited with them on a sugar contract, with interest on the same and for damages to the extent of Rs. 2,375 alleged to have been sustained by him by reason of the Respondents breach of contract. The Respondents plead that they are only the managing agents for the East India Distilleries and Sugar Factories, Limited, that they are not liable to be sued on the contract and that the suit should have been brought against the latter company. They also plead that the Appellant (Plaintiff) refused to take delivery of the goods and that in consequence they have sustained damages to the extent of Rs. 1,600 and that they are entitled to retain the deposit amount of Rs. 1,000 and to a judgment against the Appellant (Plaintiff) for the balance of Rs. 600.

2. The District Judge gave judgment in favour of the, Plaintiff for Rs. 500 and disallowed his claim in other respects. The Plaintiff prefers this appeal for recovery of the balance of Rs. 3,215 disallowed by the District Judge and the Defendants take objection, under Section 561, Code of Civil Procedure, to the decree appealed against on the grounds that they are not li