JUDGMENT :- This Revision is filed against the decree and judgment in N.T.A. No. 28 of 1952 confirming the decree and judgment of the trial Judge in S.C.S. No. 6063 of 1951, on the file of the Small Cause Court, Madras.

2. The facts are : The parties to the suit Virjee Daya and Co. and Ramakrishna Rice and Oil Mills, Arakandanallur, entered into a contract Ex. P-1 dated 8-3-1951 for sale by the defendants to the plaintiffs of 50 candies of groundnut oil at Rs. 325/- per candy. Two of the material terms of the contract were (a) that the plaintiffs have to despatch to the defendants good, sound and well-cleaned drums to enable the latter to fill them with oil and sell them to the plaintiffs; and (b) that the delivery of the oil was to be effected on or before 31-8-1951.

The oil contracted for was not supplied each blaming the other for creating circumstances making it impossible the performance of the contract. It is stated that the plaintiffs had entered into a contract with a third party for the supply of the oil to be purchased from the defendants and the latter had to be compensated for non-performance of the undertaking by the plaintiffs.

It is in these circumstances that