JUDGMENT :—

ADMIT. Heard finally by consent of both the parties.

2. The Appellant herein has filed this appeal under Order XLIII, Rule 1(u) of the Code of Civil Procedure to assail the judgment and decree dated 4-1-2018 passed by the learned District Judge-2, Achalpur in Regular Civil Suit No. 67 of 2012. By the impugned judgment, learned District Judge set aside the decree passed by the Civil Judge, Senior Division in Special Civil Suit No. 37 of 1994 and remanded the matter to the trial Court with direction to decide the issue of limitation and to decide entire suit afresh by giving an opportunity to the parties to lead evidence, if they so desire.

3. For the sake of convenience, the Appellant herein shall be hereinafter referred to as ‘the Plaintiff’ and the Respondents shall be referred to as ‘the Defendants’. Appeal against Order No. 16 of 2018 decided on 8-3-2021. (Nagpur)

4. The Defendants entrusted to the Plaintiff, who is an Engineer and registered Contractor, the construction of Cottage Hospital at Achalpur. The Plaintiff claimed that he had completed the construction by end of July, 1990. The Plaintiff claimed that the Defendants had withheld the payment without any justifia