( 1 ) THE appellant-Gujarat State Road Transport Corporation, incorporated under the Road Transport Corporation Act, 1950, has preferred this First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgement and decree dated 24th September, 1979 under which the learned judge of the City Civil Court, Court No. 12, dismissed the suit of the present appellant with cost.

( 2 ) THE facts may be briefly stated as follows. The appellant, a Corporation incorporated under the aforesaid Act of 1950, instituted a Civil Suit being Civil Suit No. 1429 of 1975 for the recovery of Rs. 11,625. 00 with interest at 6% per annum and cost of the suit from the respondents abovenamed. It may be stated at the outset that the first respondent is a registered partnership firm, whereas Respondent Nos. 2,3,4 and 5 are shown as the partners of the said partnership firm, Respondent No. 1. The appellant instituted the aforesaid Civil Suit before the City Civil Court at Ahmedabad alleging that the appellant had issued an open tender No. STG/pur/g/i/57/ot/71-72 which was due on 22nd February, 1972. By issuing the aforesaid tender the appellant (original plaintiff) invited