S. B. Sinha, J.

1. This First Appeal is directed against the judgment and decree passed by Smt. R. Kumari, IXth Additional Subordinate Judge, ranchi in Money Suit No.121/58 of 1980-83, whereby and whereunder the suit filed by the plaintiff for recovery of a sura of Rs.2, 71, 557.78 paise was decreed in part.

2. The fact of the matter lies in a very narrow compass.

3. The plaintiff is a partnership firm registered under the provisions of the Indian Partnership Act and had entered into a contract with M/s central Coal Fields Ltd. through the General Manager (B and K) Bokaro and Kargali, P. O. Bermo, whereby and whereunder it gave on hire bulldozers to remove the heaps of over burden and to level the coal dumps in new Elected Dhori Colliery on hire at the rate of Rs.140/- per hour.

4. It appears that the bull-dozers of the plaintiff worked during the period 23-4-1975 to 17-10-1976 for 1218-66 hours, wherefor the requisite entries were made in the Log book (Ext.1 ).

5. The plaintiff prepared a bill which was misplaced by the office of the appellant. A fresh bill dated 10-8-1977 (Ext.2) was, therefore, sent by the plaintiff to the Manager of New selected Dhori Colliery (Responde