Biplab Kumar Sharma, J.

1. This appeal is directed against the judgment and decree dated 23.1.2013 passed by the learned Senior Civil Judge, Lunglei District, Lunglei in Money Suit No. 5/2011, by which, the suit that was filed by the respondent herein as the plaintiff has been decreed requiring the defendant No. 1/appellant to pay Rs. 22,30,159/- to the plaintiff/respondent without interest within a period of 4 (four) months. The suit was filed claiming the amount of Rs. 22,30,159/- from the defendant/appellant on the basis of the following facts pleaded in the plaint:

"The plaintiff is a citizen of India belonging to Mizo community permanently residing at Lunglawn Thakthing Veng Lunglei Mizoram. He is a contactor by profession under the Mizoram State Sports Council for the construction of excavation of sports complex at Zobawk, Tlawng Hnar, Lunglei in the year 2005. The work order is attached with the plaint. The plaintiff faithfully executed the construction/excavation work under Mizoram State Sports Council and did all the necessary works. For execution of the said work, the plaintiff hired excavator machine from the defendant at the rate of Rs. 2,000/- (Rupees two thousand) only per hour. For engaging Rs.20 lakhs to the defendant for hiring the excavation machine belonging to the defendant.

The plaintiff, after completion of the construction work was issued a Cheque amount of Rs. 42,30,159.00/- from the Mizoram State Sports Council, Aizawl, Mizoram bearing No. 031755. The said cheque was in the name of the plaintiff and was signed by cashier of Mizoram State Sports Council. The said cheque was issued in the name of the plaintiff because the plaintiff was the registered contractor for even the said works. The Photostat counterfoil of the cheque issued in the name of the plaintiff with the said amount dated 23.6.2010 of Mizoram Co-Operate Apex Bank Ltd. No. 031755"796806002 was attached in the plaint.

That, the actual payee receipt (APR) was issued in the name of the plaintiff with the same amount of Rs. 42,30,159/-. The petitioner had given his signature in the said APR. While the plaintiff tried to withdraw the said Bill from the Mizoram Co-operative Bank, the defendant had submitted the said cheque to the bank and transferred the same in his accounts dishonestly without the consent and permission of the plaintiff. The plaintiff approached the defendant several times to withdraw the money from the defendant's accounts and thus give him but refused and paid no heed. Therefore, the said bill amount was credited into the Accounts of the defendant."

2. On the basis of the aforesaid facts pleaded in the plaint, the plaintiff/respondent made the following prayer:

"The plaintiff claims the following reliefs:-

(1). Payment of money amounting to Rs. 22,30,159/- (Rupees twenty two lakhs, thirty thousands and one hundred fifty nine) only to the plaintiff by the defendant.

(2). Payment of interest at the rate of Rs. 15% from the date of the cause of action had arisen till full realization of the said amount.

(3). Any other relief which the court deems fit and proper."

3. Resisting the case of the plaintiff, the defendant/appellant filed written statement, in which, a preliminary objection was raised regarding maintainability of the suit and also the locus standi of the plaintiff to file the same. Apart from the plea of the suit being barred by laches, estoppel, etc. it was also pleaded that the suit was barred for non-joinder of necessary parties. According to the written statement filed by the defendant/appellant, the particular work order was issued in favour of the plaintiff. However, the plaintiff executed the work in association with the defendant. According to the written statement, the particular contractual works in total amounted to Rs. 91,63,265.91 and the plaintiff with the defendant after due understanding and having common interest agreed to execute the work jointly with a condition that the particular Excavator machine bel