KRISHNA RAO, J. : -

This is a defendants appeal from the judgment and decree of the Court of the Subordinate Judge, Visakhpatnam, decreeing the plaintiffs suit to recover Rs. 10,332-10-0 as damages for breach of a contract. The plaintiff is the Union of India represented by the Garrison Engineer (M.E.S.), Visakhapatnam and the defendant is a contractor residing at Kakinada.

The suit contract was for the work of packing, conveying and loading into railway wagons certain generating sets and machinery, which belonged to the Government and were lying at the Floating Dock Area at Kakinada. In July, 1949, the Garrison Engineer, Visakhapatnam, issued a notice Ex. A-3 inviting lump-sum tenders from approved contractors for that work, to be completed within one month from the date of the order to commence, which was proposed to be placed on or about 29-7-1949.

He received tenders from five contractors by 28-7-1949, the last late fixed for the purpose. Out of them, the defendants tender for Rs. 7,155/-Ex. A-4 dated 27-7-1949, was the lowest. Ex. A-4 read with the amendments thereto set out in a list both of which have been signed by the defendant, is in the following terms :

"To the Go