JUDGMENT - PATEL J.N., J.:---Heard the learned Counsel for the parties.

2. The appellant-original defendant has impugned the order dated 3-4-1997 passed by the Joint Civil Judge, Senior Division, Chandrapur, directing the appellant-original defendant to pay Rs. 5,90,686.31 paise by deducting the same and in case of its failure to deposit the same within reasonable time, same amount is ordered to carry interest which is to be determined. The Court also observed that the application is decided without prejudiced to the rights of the parties while deciding the remaining claim in the present suit. This order came to be passed on the application made by the respondent-original plaintiff seeking direction against the appellant-original defendant to deposit the said amount on the strength of the admission in the written statement filed in reply to the claim of the respondent-original plaintiff. In reply to para 60 of the plaint, the appellant-original defendant has contended as under :

"It is denied that the total value of the work executed by the plaintiff comes to Rs. 11,74,816.42 ps. as alleged. The details submitted in the Schedule 'A' of the plaint are also denied. It is submitted that

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