Once an offer is accepted , a concluded contract comes into being and it is not open to the person who has accepted the offer to retract from the same as provided by the Contract Act , 1872 .

PLD 2023 Lahore 703

Locus poenitentiae , principle of --- Applicability --- Concluded contract --- Scope --- Petitioner participated in bidding process and was declared as successful bidder , whereafter the authorities cancelled the tender --- Validity --- As per terms of General Conditions of Tender for Disposal of Unwanted Store , an invitation of a tender would not constitute any liability on the part of the Authority until a Letter of Acceptance was issued --- It is nowhere provided that after acceptance of bid , tender could have been cancelled / withdrawn --- Authorities did not cite any provision of applicable law or placed any document on record to show that such prerogative was vested with them --- Under the principle of locus poenitentiae , a right was accrued in petitioner's favour , thus , the same could not have been taken away unilaterally by respondents without associating the petitioner --- Reasons for withdrawal of letter of acceptance provided in order in question were extraneous to bid documents and not plausible as well --- High Court declared the order whereby tender was cancelled to be illegal and without lawful authority -- High Court directed the authorities to proceed in the matter of tender in question as per applicable law / rules / procedure and finalize the same at the earliest ---

PLD 2023 Lahore 703