contract by the plaintiff, there is no specific pleading in the written statement as to the amount of loss or the manner in which she sustained the loss. Only during evidence two contentions were put forward to the effect that out of the advance amount Rs.2 lakhs was paid by her to the bank for discharging the liability over the property and secondly that believing the performance of this contract she had an oral agreement with one Mr.Pauly, S/o Devassy for purchase of 5 cents of land and towards that transaction she had paid Rs.1,50,000/-as advance. But there is no pleadings in the written statement in that regard. Without pleading any amount of evidence adduced cannot be accepted. It has also been found that even if Rs.2 lakhs has been paid to clear the liability it cannot be found as a loss to the defendant since the clearing of liability would only be a gain. With regard to the other loss of paying advance amount to one Mr.Pauly apart from her interested testimony there is no other evidence. So, that contention was also repelled by the 1st Appellate Court. So, ultimately, it was found that the defendant could not establish any loss or injury sustained by her due to the nonperformance
