1. Admit.

2. Heard finally on the following substantial question of law: Whether the order passed by the trial Court below Exhibit 1 in exercise of powers under Order-XI Rule 21 of the Code of Civil Procedure, 1908 is after giving reasonable opportunity to the defendant?

3. The respondent is the original plaintiff who had filed suit seeking recovery of an amount of Rs.1,33,303/- being the balance amount payable on account of work done by him. According to the plaintiff, he had supplied water to the respondents of Ward No.17 in the city of Akola for the period from 29-9-2004 to 31-7-2005 but he was not paid the entire dues as agreed. In the written statement it was pleaded that the suit was barred by limitation and that the defendant had made necessary payments due to which there were no dues to be further paid. The trial Court after considering the evidence on record partly decreed the suit and directed the defendant to pay an amount of Rs.1,33,303/- along with interest. Being aggrieved, the original defendant filed an appeal which came to be dismissed. Hence this second appeal.

4. It is submitted by the learned Counsel for the appellant that before the trial Court the plain