Anil Kumar, J.

1. Heard learned Counsel for the appellant and perused the record. Facts in brief of the present case appeal are that M/s. Suchi Enterprises (hereinafter referred to as a firm) is a proprietorship firm, engaged in the business for supply of materials to the Government Department and other private sectors having its registered office at 4/284 Parvati Bagla Road, Flat No. 504 Navsheel Sadan Kanpur Nagar (herein after referred to as the Factory). Firm is also registered with the Ordinance Equipment Factory Kanpur, allotted the Code No. S-01010000 in the year 1985-86. Since then, giving the supply of the items against the tender issued by the factory.

2. On 9.4.2009, Ordinance Equipment Factory, Kanpur had not issued the tender to the plaintiff/appellant whereas issued to the other firms for supply of the materials/items. In this regard, the grievance has been raised, but no heed paid, so the plaintiff/appellant for redressal of his grievances, filed Original Suit No. 405 of 2010.

3. After exchanged of the pleadings between the parties as well as documentary/oral evidence, the Trial Court, dismissed the suit by judgment and decree dated 26.3.2012. Thereafter, Civil