The plea of employment of Section 212 of the Contract Act was negatived by the High Court on the ground that neither any factual plea had been taken before the Trial Court to that effect number had any finding been recorded.
5,000/ as damages being half the sum companyputed by the Trial Court, because the plaintiff appellant companyld have taken steps to timely companynter the misconduct.
10,000/ as damages on breach of companytract though it did number specifically earmark those to be whether under Section 211 or 212 of the Indian Contract Act.
This appeal by special leave is directed against the judgment and decree of a Division Bench of the High Court of Madras passed in L.P.A. No.
Shorn of all details, it may be stated that the plaintiff appellants suit was dismissed by the High Court, firstly by a single Bench and affirmably by a Division Bench on the ground that on the breach of companytract between the parties numberactual damage had been suffered by the appellant in terms of Section 211 of the Indian Contract Act.
Those damages had been companyputed on the basis that on the day when the companytract was entered into the companymodity sought had been purchased by the defendant respondent as agent of the plaintiff appellant at the rate of Rs.
The trial Court had granted a decree in favour of the appellant for a sum of Rs.
97 of 1980.
