( 1 ) THE present appeal is directed against the order dated 9-11-1981 passed by Vlth Additional District Judge, gorakhpur in Civil Appeal No. 171 of 1981 arising from the Original Suit No. 165 of 1976.

( 2 ) THE plaintiff-respondent filed suit for specific performance of contract No. GP/ cont/gcs/75-E/95 dated 6-5-1975 for the direction to the appellant to purchase the good specified in annexure No. 1 to the affidavit during the period from 6-5-1975 to 3- 5-1976 and for rendition of accounts. The suit was filed on the ground that the plaintiff-respondent was registered partnership firm and was carrying on business of general merchandise goods. The defendant-appellant was operating a canteen and hospital issued a tender for the purchase of certain items for which the quotation was given by the plaintiff-respondent which was approved. The plaintiff-respondent had also made supply for the goods in respect of which the payment was made but subsequently, the orders were not placed by the defendant-appellant and the goods were not purchased and therefore, the suit was filed. The defendant-appellant filed the written statement, in which it has been stated that the period