JUDGMENT :

1. The appellant–original plaintiff has assailed the judgment and decree dated 26.07.2001 dismissing the Summery Suit No.7031 of 1991 passed by Court of City Civil Judge, (Court No.8) at Ahmedabad. It is the case of the appellant that the impugned judgment and decree is required to be quashed and set aside, since the same is passed without appreciation of the evidence.

2. Learned advocate Mr.Bhatt appearing for the appellant has submitted that the Court below had already decreed the suit in favour of the defendant No.1, by the judgment and decree dated 28.08.1992 by allowing the claim of the plaintiff against the defendant No.1 for a sum of Rs.5,19,833.20, however, so far as the amount of 10%, which has been retained by defendant No.2–Andhra Pradesh State Financial Corporation, the suit was continued further and ultimately, the same is rejected.

3. Learned advocate Mr.Bhatt has submitted that the plaintiff is entitled to claim the remaining amount of Rs.1,50,815/- from the defendant No.2, in view of the contract between the plaintiff and defendant Nos.1 and 2. It is submitted that the Trial Court has not appreciated the communication/contract dated 20.04.1990, below Exh.