Law: Contract, Act, 1872

Section: 7,10

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Contract Act (IX of 1872)--- ----Ss. 7 10---Suit for declaration/public officials invited bids---Predecessor of the respondents/plaintiffs was accepted being the lowest bidder submitted application before petitioners for revocation of the offer claiming that he had regretted on his loss and unworkable rates; that he had made the same bid under mental/physical stress, due to high bold pressure etc.; that petitioners refused to accept the said application despite the fact that the respondents refused to accept the letter of acceptance of the bid and had not signed the contract with the petitioners---Suit was concurrently decreed by the Courts below contended that soon after the respondent offered the lowest bid for the proposed supplies the same was accepted by the petitioner and dispatched the acceptance notices through registered mail; that after dispatch of the said notice, the respondent was under contractual liabilities and submission of application by the respondent was a futile exercise---Validity had not signed the contract with the petitioners and in absence of any contract the contractual liabilities never occurred---No document of contract was available on the case file which was agreed/signed between the parties---Acceptance of offer was not complete---Notice did not constitute an absolute acceptance as required under S.7 of Contract Act, 1872---Contract had to be signed by the parties,, but before that the respondent revoked his offer by filing an application to the petitioner with the plea to exculpate the respondent from the contractual obligations and even forfeiting his earnest money---Revision petition was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----S.115---Powers of High Court under S. 115, Civil Procedure Code, 1908 were very limited---Revisional jurisdiction could be invoked only in the case of exercise of jurisdiction by the lower courts not vested in them by law or the Courts had failed to exercise the jurisdiction so vested in them but same was exercised in an illegal manner or that some material irregularity was committed or findings of subordinate Courts were suffering from misreading, non-reading of evidence…

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