JUDGMENT :

A.P. THAKER, J.

1. The present Appeal has been filed under the provisions of Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 20.11.1998 passed in Civil Suit No. 106 of 1988 whereby the plaintiff-appellant's suit has been partly allowed as well as counter claim put up by the defendant-respondent is also allowed by the learned City Civil Court No. 18.

2. Being aggrieved and dissatisfied with the impugned judgment and decree, the original plaintiff has filed the present appeal on the ground that the trial Court has not appreciated the oral as well as documentary evidences rendered by both the sides in proper perspective and has committed serious error in exercising the jurisdiction vested in it and has exceeded its jurisdiction. It is also contended that the learned trial Court has wrongly come to the conclusion that the Appellant is guilty of breach of contract. According to him, the learned trial Court ought to have held that the plaintiff-appellant has not left the work unfinished. It is also contended that the contention of the pla