This Appeal under Section 96 of Civil Procedure Code challenges Judgment and Decree dated 19/1/2001 delivered by Civil Judge (Senior Division), Yavatmal in Special Civil Suit 113/1987. Said suit was filed by present Respondent for recovery of amount of Rs.6,12,130.93/-claiming the same towards unpaid price for work of construction carried out by it for present Appellant/original Defendant -Cooperative Housing Society. Though the Appeal is of year 2001 only, earlier bench has on 22/11/2007 passed order that the appeal shall be finally heard on 28/11/2007 by dispensing with paper book. Thus the Appeal is listed for hearing before me. In my order dated 12/12/2007 I pointed out how hearing of matter was rendered difficult as complete records were not available and also as Exhibits on record of Lower Court were not arranged in sequence. It also became apparent that some of the Exhibits were not at all available on original record & though both learned Counsel declared that it would not be necessary to adjourn hearing on that account, ultimately on 12/12/2007 hearing was required to the adjourned. I had at that time imposed nominal costs of Rs. 1000/--each on both sides. There