MANOHAR LAL VISA, J.

1. This appeal is directed against the judgment and decree dated 18.01.2000 passed by Sub-Judge-I, Patna in Money Suit No. 131 of 1997 decreeing the suit on contest with cost.

2. Brief facts of the case are that M/s. Shakti Tubes Limited Company, sole respondent, filed Money Suit No. 131 of 1997 in the Court of sub-Judge-I, Patna stating therein that it is a company incorporated under the Companies Act and is Small Scale Industry and has been registered as such by Industries Department, Government of Bihar, and is manufacturing Mild Steel Black Pipes. Minor Irrigation Department, Government of Bihar of which appellants No. 2, 3 and 4 are Secretary, Additional Secretary and Chief Engineer, respectively issued notice inviting tenders for supply of 25 lakh metres of Mild Steel Black Pipes of 4" (100 mm) dia., nominal bore and of thickness 3.60 mm. In pursuance of notice inviting tender the respondent as well as others submitted tenders in prescribed proforma and tender of respondent was accepted and order was given to it for supply of 1 lac metres of Mild Black Steel Pipes in the manner that 30,000 metres pipes were to be supplied at Bettiah, 20,000 metres