ORDER :-

VENKATARAMAN, J.

This is an appeal against the order of remand made by the Additional Judge of the City Civil Court, Madras. The suit (O. S. No. 3216 of 1968) was tried by an Assistant Judge of the Court. It was for the refund of a sum of Rupees 5,000. The defendant (Madras State Small Industries Corporation Ltd.) had invited tenders for the removal of (i) zinc dross, and (ii) zinc ash at Mettur Dam. The plaintiff made a tender and a deposit in accordance with the tender notice. Later the parties broke out and the plaintiff called upon the defendant to return the deposit. The defendant, however, contended that the plaintiff had committed breach of the contract and that the defendant was entitled to forfeit the amount clause 9 of the notice inviting tenders. Thereupon the plaintiff filed the suit.

2. The learned trial Judge found that the plaintiff had not committed breach of the contract, but, on the other hand, was willing to perform the contract and that, consequently, the defendant was not entitled to forfeit the amount. The learned Judge also observed that, even assuming that the pl

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