Ajay Mohan Goel, J.

By way of this appeal, the appellant/Himachal Pradesh State Forest Corporation has challenged the judgment and decree passed by the Court of learned Addl. District Judge, Mandi in Civil Appeal No. 59 of 2005 dated 30.11.2007, vide which learned appellate court while allowing the appeal so filed before it by the present respondent, dismissed the suit filed by plaintiff-Corporation and decreed the counter claim of defendant for recovery of Rs. 60,031/- with pending and future interest @ 8% per annum from the date of institution of the suit till realization along with costs.

2. Brief facts necessary for adjudication of the present case are that appellant/plaintiff-Corporation (hereinafter referred to as 'the plaintiff-Corporation') filed a suit for recovery of Rs. 68,735/- on the ground that in the year 1997 tenders were invited for extraction of resin and its carriage up to the road side Depot, for Lot No. 30/97 which work was allotted to defendant, (Kahan Singh since deceased), vide agreement dated 20.3.1997. It was further the case of the plaintiff-Corporation that for the said work the target was fixed 126 quintal pure resin from 3140 blaze and the rate