VALMIKI J. MEHTA, J (ORAL)

1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 30.9.2002. By the impugned judgment, the Trial Court decreed the suit filed by the respondent/plaintiff for recovery of advance tailoring charges which were paid to the appellant/defendant. By the impugned judgment the counter claim which was filed by the appellant/defendant was also dismissed.

2. The facts of the case are that parties entered into an agreement dated 30.7.1976 whereby the appellant/defendant was appointed as a tailoring contractor for executing the work as stated in the schedule annexed with the agreement. The original agreement was for one year from 2.8.1976 to 31.7.1977, and whereafter, it was firstly extended for a period of 6 months and thereafter there were two extensions of 2 months each. The last extension of one month expired on 30.4.1998. The terms and conditions for all the agreements remained the same as were found in the first agreement dated 30.7.1976. A total sum of Rs.14,70,459.08 was paid to the appellant/defendant by the respondent/plainti