SHANTI PRASAD Vs. GOKULNATH

JUDGEMENT

(1.) THIS is an appeal by the defendant in a suit for damages for breach of contract.

(2.) THE respondent had entered into a contract with the defendant for transport of 3000 maunds of coal from Gura to Ajmer on 21 -6 -1947, the entire operation to be performed within one month. The respondent also advanced Rs. 3250/ -to the defendant -appellant in order to carry out that contract.

(3.) AFTER the case had proceeded and the plaintiff's evidence had been recorded, the defendant failed to produce his evidence, and the learned Civil Judge, Bundi, held that the plaintiff had performed his conditions with Amarchand Darshan Singh, and the coal did not come to be transported because of the defendant's default. He gave a decree to the plaintiff for the entire amount claimed. The defendant has come in appeal.