Anil Dev Singh, J.

( 1 ) THIS appeal under Section 10 of the Delhi High Court Act, 1966 read with clause 15 of the Letters Patent arises from the order of the learned single Judge dated March 24, 1995, in IA No. 10561 of 1994 in Suit No. 2538 of 1994 whereby the application of the appellants (defendants in the suit) under Order 7 rule 11 of the Code of Civil Procedure (for short"cpc") has been dismissed. The facts giving rise to the appeal are as follows:

( 2 ). The first appellant, a public sector Government Company invited tenders on July 24,1994 in prescribed form for handling iron and steel materials at its Stockyard at Naini, Allahabad. According to clause 2. 1 of the invitation to tender,a tenderer was required to have experience, in its own name and style, of handling at least 20,000 MT of steel materials in any of the preceding five financial years. Clause 7 of the invitation to tender stipulated that the tender shall be kept valid for a period of 90 days from the date of opening of Part I of the tender and any modification, variation, clarification made thereto by the tenderer during the above period shall be construed as withdrawal of the tender in which event the first ap

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