STATE OF RAJASTHAN Vs. RAM DAYAL MODI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and decree of learned Additional District Judge, Dholpur, dated May 31, 1969.

(2.) THE plaintiff respondent filed a suit for declaration and injunction on the allegations that the Executive Engineer PWD (B and R), Bharatpur invited tenders on April 14, 1966 for widening of Shoulders from Miles 715 to 724 Zone A and of miles 723 to 731 of Zone B of Agra -Bombay road. According to the terms mentioned in the notice inviting tenders, the tenders were to be filed on prescribed forms. Earnest money mentioned in the notice was to accompany the tender. The tenders were to be accepted by the Rajasthan Government and the rates quoted by the contractor were to remain in force up to four months from the date of tenders, i.e. from April 14, 1966 The case of the plaintiff was that he submitted two tenders, one each for the above two works to the Executive Engineer, Bharatpur on April 14, 1966, but did not deposit may amount as earnest money. The tenders were not accepted till July 25, 1976 and the date of acceptance was going to expire on August 14, 1966 as such the Excutive Engineer vide his letters No. 8039 and 8310 dated July 25, 1966 sought further extension of two months from the plaintiff. The plaintiff, however refused this request. The case of the plaintiff further is that he received a letter No. 9723, dated September 2, 1966 from the Executive Engineer, intimating the plaintiff of the acceptance of his two tenders With this letter, two work orders, dated August 12, 1966 were also received by the plaintiff as enclosures. In the said letter, dated September 2, 1966 it was mentioned that acceptance of the tenders of the plaintiff were complete under Section 4 of the Indian Contract Act, on the following grounds:

(3.) THE plaintiff challenged the alleged order of the Chief Engineer being without jurisdiction and ultra vires and not binding on the plaintiff on the following grounds amongst others: