J.B. PARDIWALA, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure, 1908 is at the instance of the original plaintiff and is directed against the judgment and order passed by the additional Senior Civil Judge, Morbi dated 26th July, 2017 below Exhibit : 23 in Special Civil Suit No. 23 of 2016.

2. The facts giving rise to this First Appeal may be summarised as under:

2.1 The appellant herein - original plaintiff filed a special civil suit against the respondent herein - original defendant for recovery of the outstanding amount to the tune of Rs. 11,26,104/- with interest. The relief prayed for in the special civil suit filed by the plaintiff is as under:

"1. The plaintiff has right to claim outstanding amount Rs. 11,26,104/- as per the various goods purchased by the defendants, so plaintiff urge before the Hon'ble Court to pass an order and decree against defendant to pay the outstanding amount with interest.

2. On adjudication of right to receive the amount which was paid as per the invoice and same entitled to receive from the defendant at 12% interest from May, 2013 till the date of payment.

3. The costs of this suit be awarded to plaintiff."

2.2 The suit