VALMIKI J. MEHTA, J.

1. The challenge by means of this Regular First Appeal under Section 96 of the Code of the Civil Procedure (CPC), 1908 is to the impugned judgment of the Trial court dated 30.5.2002. By the impugned judgment and decree, the Trial Court decreed the suit of the respondent/plaintiff for recovery of the advance price paid of Rs.1,35,000/- which was given pursuant to an auction held by the appellant/defendant on 19.12.1998 for a Konica Nice Print System. The Trial Court held that the advance price paid cannot be forfeited even though the respondent/plaintiff was guilty of breach of contract because mere breach of contract does not entitle the aggrieved person viz. appellant/defendant for damages, unless losses have been pleaded and proved and which admittedly was not done.

2. The facts of the case are that the respondent/plaintiff participated in an auction held on 19.12.1998 conducted by the appellant/defendant. The respondent/plaintiff gave a bid for Rs.4,00,000/- for a Konica Nice Print System Machine and deposited an amount of Rs.1,35,000/- on the same day. Since the balance amount was not deposited by the respondent/plaintiff, the transaction fell thro