JUDGMENT

G.P. Mathur, J.-Leave granted.

2. This appeal is directed against the judgment and order dated 21.12.2001 of the High Court of Delhi by which the appeal preferred by the appellant against the order of rejection of the appellant s application under Order VII Rule 10 CPC passed by the Additional District Judge, Delhi on 28.3.1998 was dismissed.

3. The appellant Hanil Era Textiles Limited, New Era House, Mogul Lane, Matunga (West), Bombay placed a purchase order bearing No. CA/32/95 dated 31.5.1995 with M/s. Puromatic Filters Pvt. Ltd. 25/100, Yashwant Nagar, Goregaon (W), Bombay for supply of 136 numbers Coarse Filters and 136 numbers Fine Filters. The purchase order was in following terms :

"Dear Sir,

We are pleased to order the Material parts listed below subject to terms, conditions and instructions, on the reverse hereof and the attachments, if any hereto. Please acknowledge your acceptance by returning the duplicate copy duly signed within one week."

Thirty per cent of the amount was paid as advance. The delivery instructions contained a clause - Deliver the material at NEW ERA HOUSE/Patalganga Factory. The purchase order mentioned that the same was subject to the terms and c