S.N. Deedwania, J — The revision petition is preferred against the order, dated November 26, 1979 of learned Additional District Judge, Udaipur, whereby, issue No. 7 with regard to the sufficiency of the court—fee was decided against the petitioner—plaintiff.

2. Briefly stated the facts are these. The petitioner filed a suit against the non-petitioner and it was averred in the plaint that the petitioner submitted a tender for supply of 5,88,000 metres Galvanised Iron (Mild steel) pipes light class 20 m.m. diameter. The petitioner received a letter, dated May 5, 1973 by the non-petitioner for confirmation of various conditions with regard to the said offer. The petitioner by its letter, dated May 9, 1973 made certain counter offer regarding the supply of the said G. I. Pipes and accepted the non-petitioner standard penalty clause subject to force measure. By its letter, dated July 9, 1973 the tender was accepted but all the terms and conditions of the petitioners counter offer, dated May 9, 1973 were not accepted. It is further averred that by the letter, dated July 9, 1973 the non-petitioner did not agree to all the terms of the petitioner and therefore, no concluded contract came i

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