S. K. RAY, J.

( 1 ) PLAINTIFF has appealed from the reversing decision of the A. D. M. (J.), Berhampur dated 9-8-1969 passed in M. A. No. 2/69 (M. A. No. 7/68 GDCT) dismissing his suit.

( 2 ) HE instituted the suit out of which this second appeal arises for recovery of damages for breach of contract from the defendants, making them jointly and severally liable for the same. The quantum of damage claimed is the sum of Rs. 1,000/- together with interest at the rate of 6 p. c. p. a. pendente lite from the date of the suit till the date of the decree and subsequent interest at the rate of 6 p. c. p. a. from the date of the decree to the date of realisation. The defendants are 5 in number. Defendant No. 1 is the partnership firm represented by defendants 2 to 5. According to the plaintiff, the contract with the defendant' firm came about this way. On 24-10-1965 he made an offer to the defendant's firm to purchase one wagon of 265 bags of ragiat the rate of Rs. 61/- per bag of 83 K. Gs. with new gunny F. O. R. (free of railway freight ). The defendant was to despatch the goods to Bangalore after loading them In the Railway wagon at Khurda Road railway Station. The defendant's firm sent