1. - This first appeal under section 96 of the Code of Civil Procedure has been filed by the defendant-appellant against the decree and judgment dated 29/2/1992 passed by Additional District Judge No.1, Jaipur City, Jaipur in Civil Suit No.(214/88)73/89 whereby suit filed by plaintiff-respondent has been decreed.

2. Brief facts giving rise to this appeal are that plaintiff had supplied material vide three separate bills in all amounting to Rs. 2,72,574.56 to the defendant-company and at the time of these supplies there was a credit balance of the defendant company with the plaintiff company amounting to Rs. 1886.51. The defendant company could not make payment despite of several reminders and after sometime on 17/12/1977 the appellant company was declared relief undertaking under the Rajasthan Undertaking (Special Provision) Act, 1961. By virtue of the notification issued in this regard, the defendant company was protected from institution of suit or any legal proceeding. The protection continued for a period of ten years upto 16/12/1987 and thereafter plaintiff company filed a suit for recovery of goods price of Rs. 1,69,868.08 and interest thereupon i.e. Rs. 4,35,968/-, a