1. - The first appeal has been filed by the appellant-plaintiff under Section 96 of the CPC, challenging the judgment and decree dated 29/3/1993 passed by the Additional District and Sessions Judge No.3, Jaipur City, Jaipur (hereinafter referred as 'the Trial Court') in Civil Suit No.111/90 (532/84), whereby the Trial Court, while dismissing the suit of the appellant-plaintiff, has held that the plaintiff would be entitled to the balance amount if any remaining, after the adjustment of all the outstanding dues of the respondent-defendant Corporation, out of the auction sale consideration received by the Corporation, subject to payment of Court Fees by the plaintiff.

2. The short facts, giving rise to the present appeal, are that the plaintiff had initially filed the suit seeking declaration and injunction challenging the auction proceedings conducted by the respondent Corporation on 23/6/84 in respect of the plot bearing No.F-424, situated in Vishwakarma Industrial Estate, Jaipur. The original plaint of the appellant-plaintiff was amended, and the plaintiff as per the amended plaint confined the prayer as regards the declaration to the effect that the plaintiff was not liab