1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and decree dated 9th September, 2013 of the Court of Additional District Judge (ADJ)-1 (South), Saket Courts, New Delhi of dismissal of Suit No. 232/2013 filed by the appellant/plaintiff on 23rd May, 2011 for recovery of Rs. 18,28,957.70 paise from the respondent/defendant.

2. It is the case of the appellant/plaintiff (i) that he is the partner of the firm known under the name and style of M/s Home Concepts; (ii) that the said firm M/s Home Concepts has been doing the business of manufacturing and exporting the home furnishings and made ups; (iii) that a copy of the Partnership Deed is filed along with the plaint; (iv) that in the year 2003, the respondent/defendant approached the appellant/plaintiff at the business place with foreign buyers; (v) that the respondent/defendant is the commission agent between the appellant/plaintiff and his buyers; (vi) that it was decided between the appellant/plaintiff and the respondent/defendant that the respondent/defendant will provide buyers to the appellant/plaintiff and the respondent/defendant will charge commission @ 5% on total sale f