ORDER :

Civil Appeal @ S.L.P.(C) No. 25757/2010

Leave granted.

2. This appeal is directed against the common impugned judgment and order dated 2.03.2010 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in dismissing First Appeal No. 340 of 1990 filed by the appellant herein by affirming the judgment and decree of the trial court wherein the trial court has scaled down the decretal amount of Rs.43,86,974.98 passed by the Commissioner for Taking Accounts for the High Court and City Civil Court and awarded Rs.18,83,914.88 after adjusting the admitted amount of Rs.16,820.12 out of Rs.19,00,735.00 and held that the appellant is entitled for a sum of Rs.18,83,914.88 with interest at the rate of 10 per cent per annum.

3. The scaling down of the amount from the decree passed by the Commissioner for Taking Accounts for the High Court and City Civil Court, Ahmedabad dated 18.01.1989 as per Schedule-'E', was questioned before the City Civil Court by the appellant, urging various legal contentions. The respondent sought for dismissal of the civil suit for recovery of the said amount by the appellant herein.

4. Both the appellant and the respondent filed First Appeal before the