SWATANTER KUMAR, J.

( 1 ) THIS Regular First Appeal is directed against the judgment and decree dated 8. 2. 2001 passed by the learned Trial Court vide which the suit of the plaintiff was decreed for a sum of Rs. 1,49,8057- with proportionate costs against the defendants. The plaintiff, Sh. Mridul Khemka, Proprietor of m/s. Machinery Parts Corporation filed the suit on the basis that they were dealing with earth moving machinery, diesel engines, diesel generators and also took repairing and reconditioning of the said equipments, the Executive Engineer of huda, Division-Ill, Faridabad (defendant No. 1) underthe administrative control of defendant No. 2 keeps various such equipments under their control and responsibility, and that the defendant No. 1, for repairing of the bulldozer make deml Model No. D-50-A 15 which was defective, sought the assistance of the plaintiff which included putting up of parts as may be necessary to make the said bulldozer workworthy. The estimate was submitted vide letter dated 6. 2. 1993 which was approved for work order vide reference No. 2503 dated 25/2/1993 for a total sum of Rs. 85,982. 00. In terms of the pay order the extra payment for extra parts

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