JUDGMENT

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. 97 of 1980.

2. 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 affirmedly by a Division Bench on the ground that on the breach of contract between the parties no actual damage had been suffered by the appellant in terms of Section 211 of the Indian Contract Act. 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 nor had any finding been recorded. The learned counsel for the plaintiff-appellant has successfully brought to our notice the additional plea taken in the replication to that effect and an issue struck accordingly. The trial Court had granted a decree in favour of the appellant for a sum of Rs. 10,000/- as damages on breach of contract though it did not specifically earmark those to be whether under S. 211 or 212 of the Indian Contract Act. Those damages had been computed on the basis that on the day when t