( 1 ) THE petitioner by this civil revision petition is assailing the order dated 27. 1. 1994, by which the learned Additional District Judge directed the suit to be registered as an ordinary suit and declined the prayer of the petitioner for trial of the suit under Order XXXVII of the Code of Civil Procedure. The revision petition had been admitted to hearing on 20. 3. 1995. The facts in brief are as under:

(I) The petitioner is a company engaged in the business of manufacturing and selling of Kayaks and Canoes. The respondent i. e. the Department of Tourism, Government of Uttar Pradesh, had invited quotations for the supply of Kayaks and Canoes vide its notification dated 31. 12. 1990. The petitioner submitted its offer vide letter dated 3. 1. 1991. The petitioner quoted the prices and stated the terms and conditions in the offer. Some of the terms and conditions that may be noticed arc :-

ALL prices are Ex-works, Sikandrabad (U. P. ).

PRICES prevailing at the time of receipt of written order would be charged. Advance of 40% of the order value alongwith the firm, clear and acceptable order was required to be paid.

Balance 60% payment to be made within 15 days of deli