The defeated plaintiff in a suit for relisation of money is the appellant in this appeal.

2. The plaintiff is a firm engaged in detective investigation. The Managing Partner of the plaintiff firm is an Assistant Commissioner of Police retired from the service of the State Government. The defendant Bank, hereinafter referred to as 'the Bank' for short, has engaged the plaintiff as their agent to recover the dues of the loan disbursed to one of its borrowers. According to the plaintiff, pursuant to the said engagement, they have pressurized the borrower and on account of the pressure exerted by them, the borrower has settled the loan dues. It is the case of the plaintiff that as per the terms of the engagement, 5% of the amounts recovered by the Bank pursuant to the efforts taken by the plaintiff is to be paid to the plaintiff towards their commission and that the Bank has refused to pay the commission agreed upon after the recovery. The suit, in the circumstances, was filed for realization of a sum of Rs.72,050/- being 5% of the amount of Rs.16,41,000/- recovered by the Bank from its borrower. The Bank contested the claim of the plaintiff. According to the Bank, on the very