Chander Bhusan Barowalia, J.

1. The present regular second appeal has been maintained by the appellant (since deceased), who was the plaintiff before the learned trial Court (hereinafter to be called as “the plaintiff”), laying challenge to the judgment and decree, dated 06.03.2012, passed by learned District Judge, Shimla, H.P., in Civil Appeal No. 41-S/13 of 2009, whereby the judgment and decree, dated 30.06.2009, passed by learned Civil Judge (Sr. Div.), Court No. 1, Shimla, H.P, in Civil Suit No. 13-1 of 09/99, was modified by reducing the decree amount of Rs. 6,30,000/- to Rs. 3,15,000/-.

2. Briefly, the facts, which are necessary for determination and adjudication of the present appeal, are that the plaintiff filed a suit for recovery of Rs. 7,30,000/- against the defendants, wherein it has been alleged that he is carrying on business of a Contractor and undertaking various type of works including loading, unloading and stacking of material and equipment. The defendants No. 1 & 2 required the services of the plaintiff for execution of aforesaid work for their Malyana store. The plaintiff undertaken to execute the aforesaid work, as such, the parties entered into an ag