CHANDRA REDDY, C. J.

( 1 ) THIS is a revision petition against the decree of the District Munsif. Visakhapatnam in S. C. S. No. 839 of 1958 decreeing the plaintiffs suit for a sum of Rs. 500. 00.

( 2 ) THE respondent entered into a contract with the petitioner for removal of timber scrap in the ship-yard of the petitioner for a period of six months on terms and conditions which need not be set out here. He deposited Rs. 200. 00 along with his tender and another sum of Rs. 300. 00 after his tender was accepted for the due performance of the contract. It was inter alia provided in the tender notice that the successful tenderer would be called upon to pay a further sum ot Rs. 300. 00 as security deposit for the due fulfilment of the contract and it would be refunded to him after the completion of the contract and that the tender deposit of the successful tenderer would be refunded to him after satisfactory completion of the contract. The terms of the tender notice were incorporated in the contract that was entered into between the parties subsequently. As the respondent failed in the performance of the contract, the petitioner refused to refund the tender deposit as well as the securi

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