SECRETARY TO GOVERNMENT OF ORISSA Vs. HARIBANDHU PARIDA

JUDGEMENT

(1.) This 2nd Appeal has been preferred against the reversing Judgment.

(2.) The appellants of this 2nd Appeal were the defendants before the Trial Court in the suit vide T.S. No.181 of 1987 and they were the respondents before the 1st Appellate Court in the 1st Appeal vide T.A. No.9 of 1990.

(3.) The case of the plaintiff before the Trial Court in the suit vide T.S. No.181 of 1987, as per his pleadings was that, as per the publication made by the defendant No.2 (Director of Soil Conservation, Orissa) tenders were invited in Local Daily Samaj newspaper on 5/1/1987 for selling of 87,000 Salia and Kanta bamboos from Bamboo Orchard of Tubey of Angul in the District of Dhenkanal. In response to such tender call of the defendant No.2 through local daily Samaj, the plaintiff along with others submitted tender papers, quoting the prices for purchasing 87,000 Salia and Kanta bamboo trees from the Bamboo Orchard of Tubey Angul, Dhenkanal. After making proper scrutiny, the tender of the plaintiff was accepted by the defendant No.2 as per its Letter No.11817 dtd. 3/7/1987 and accordingly, the defendant No.2 issued an another letter to the plaintiff on 23/7/1987 intimating him (plaintiff) about the acceptance of his tender for purchasing 87,000 numbers of Salia and Kanta Bamboos.