PRITAM SINGH PATTAR, J.

1. By this judgment the following two regular first appeals, which are directed against the judgment dated January 22, 1966, of Sub Judge Ist Class, Sonepat, will be decided:-

1. Haryana Co-operative Sugar Mills Ltd., Rohtak V/s. Joint Hindu Family Firm (styled as Messrs Gupta Drum Supply Company.), R. F. A. No. 100/1966.

2. Joint Hindu Family styled as Messrs Gupta Drum Supply Company V/s. The Haryana Co-operative Sugar Mills Ltd., Rohtak, R. F. A. No. 171 of 1966.

2. The facts of this case are that the plaintiff-respondent, the Joint Hindu Family styled as Messrs Gupta Drum Supply Company carries on business in New Mandi, Rohtak. The defendant-appellant, The Haryana Co-operative Sugar Mills Ltd. Rohtak, is a limited Co-operative Society carrying on the business of manufacturing sugar and molasses at Rohtak. The defendant invited tenders for the purchase of molasses to be produced by it during the crushing season 1962-63 in its Mills, by means of advertisements in several newspapers and one such advertisement was published in the Daily Tribune dated November 2, 1962. The last date fixed for the receipt of such tenders was November 10, 1962, The plai