(1.) In case analogous to anticipatory breach of contract sustainability of plaintiff's claim for specific damages is in issue in the present case.
(2.) The facts that lay in very narrow compass are thus; The plaintiff - as it claims - acting as an agent of the State, looks after construction of the buildings, roads, dams, nalas etc. For such work, in respect of villages Lodhika, Thordi, Patiyali, Kolithad, Garnala, Trakuda, Charkhadi etc. , the plaintiff had invited tenders in early 1978. The appellant had applied for and had submitted its tender. The appellant's tender came to be accepted. Letter of Acceptance was issued on 4.5.1978. The appellant had deposited Rs. 14,728/ - as security deposit. Work Order was issued on 6.7.1978. The appellant was required to complete the work within 18 months, i.e. from 6.7.1978 to 5.1.1980. Progress of work was alleged to be very slow. The plaintiff had said to have issued various reminders to the appellant. It is alleged that letters/notices have no effect and, therefore, by order dated 31.8.1982, contract was terminated. It is the case of the plaintiff that it had re -initiated process of inviting tenders to complete the incomplete work left out by the appellant. It is further the say of the plaintiff that for completing such incomplete work left by the appellant, he had to pay additional Rs. 6,41,291.39 ps. The present appeal arises from the Special Civil Suit instituted by the plaintiff to recover such additional expenses of Rs. 6,41,291.39 ps from the appellant. Special Civil Suit No. 25/1985 filed before the Senior Division Court at Rajkot came to be decreed by the trial Court. Hence, the present appeal.
(3.) The defendant filed Written Statement at Exh.84, wherein he denied all the assertions made by the plaintiff in the plaint.