( 1 ) PLAINTIFF has filed the present suit thereby claiming a decree of declaration to the effect that there is no legal, valid and binding contract for the sale and purchase of 6200 M. Ts. of damaged paddy as per acceptance telegram dated July 22, 1983 and that this does not bring about a valid, legal and binding contract.

( 2 ). Briefly, the facts are that plaintiff firm is registered with defendant vide Registration No. 25/82 dated January 27, 1982. It is alleged that under this registration, the annual requirement of the plaintiff has been assessed at 15,000 quintals (1500 M. Ts. ). As such plaintiff can quote only for this registered quantity. Regional Office of defendant at Chandigarh invited tenders for the purchase and removal of damaged foodgrains declared fit for cattle/poultry feed etc. Plaintiff submitted their tenders through Sh. Niranjan Lal in the prescribed form. the tender submitted by plaintiff, was not signed by all the partners of plaintiff firm. Tenders were submitted and opened onjane 29, 1983. It is alleged that tender of plaintiff was neither valid nor the same could be deemed as valid for acceptance beyond the annual assessed capacity of 150