( 1 ) THIS second appeal is directed against the judgement and decree dated 14th April 1973 passed by the Second Additional District Judge, Allahabad.

( 2 ) THE plaintiff Sri Chhotey Lal Gupta, who died during the pendency of this appeal and whose heirs and legal representatives have been brought on record had filed a suit for recovery of Rs. 6450/- from the defendant Union of India on the allegations that the Union of India had invited tender for the supply of stone ballast through an advertisement which took place on 10th May, 1966. The plaintiff submitted his tender on 11th July 1966 and the said tender was to remain open up to 90 days. The plaintiff could not resile from the offer made in this tender within the aforesaid period of 90 days. The tender remained open till 9th Oct. 1966. By a later dated 26th Sept. 1966 the Divisional Superintendent, Lucknow, wrote to the plaintiff to provide basic labour amenities, qualified blaster and qualified manager as required under the Mines Act in the quarry during the currency of the contract. In paragraph 2 of the said letter it was further stated that in case the plaintiff was agreeable for the above, he is requested to a