1. These two second appeals i.e., Second Appeal No.10/2009 (M/s Mangilal Pagariya Builders and Contractors Vs. Nagar Palika Nigam, Raipur) and Second Appeal No.73/2009 (Municipal Corporation, Raipur Vs. Mangilal Pagariya and another) have been preferred by respective appellants challenging the judgment and decree dated 24.12.2008 passed Second Additional District Judge, Raipur in Civil Appeal No.2-A/2008.

2. By the impugned judgment and decree, the first appellate Court has allowed the appeal preferred by the Municipal Corporation, Raipur, and has set aside the judgment and decree dated 26.04.2008 passed by the trial Court decreeing the suit preferred by the plaintiff M/s. Mangilal Pagaria Builders and Contractors. The appellant of Second Appeal No. 10/2009, M/s. Mangilal Pagariya Builders and Contractors (hereinafter referred as the 'Plaintiff') has challenged the dismissal of his suit whereas the appellant in Second Appeal No.73/2009 Municipal Corporation, Raipur (hereinafter referred as 'Defendant No.1') has preferred the appeal inter alia praying that the findings recorded by the First Appellate Court with regard to issue Nos. 1 to 5 in favour of Mangilal Pagaria Builder