JUDGMENT :

A.P. THAKER, J.

1. The appellant (original defendant) has preferred this Appeal under Section 96 of the Civil Procedure Code against the judgment and decree dated 29.9.1995 whereby the Suit filed by the respondent-original plaintiff has been decreed with interest.

2. At the outset, it is observed that while dictating the order, it was found that the oral as well as documentary evidence were destroyed by the trial Court and no such evidences are available on original Suit. Therefore, learned advocates for the parties were requested to ensure that if they have any certified copy of the oral as well as documentary evidence, then it may be produced in the matter. However, learned advocates for both the sides have submitted that they have no such Certified Copy with them, however, they have stated that the matter may be decided on the basis of the Paper-book supplied by the parties in present appeal. Accordingly, the present appeal is being disposed of after taking into account the Paper-book submitted by the parties in the matter.

3. For the brevity and convenience the parties will be referred to as Plaintiff and defendant as enumerated in the original suit.

4. It is the contenti