JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

I have heard the arguments of both the parties.

2. The present Second appeal has been preferred by the appellant M/s Anil Automobiles a proprietorship firm through its proprietor Anil Kumar Agrawal challenging the Judgment and decree dated 30.11.2016 signed on 08.12.2016 passed by learned District Judge, II, Dhanbad in Money Appeal No. 02/2012, whereby and whereunder, the learned appellate court has been pleased to allow the said appeal filed by the defendants/respondents and set aside the Judgment and decree passed on 24.09.2011 decree signed on 17.10.2011 passed by learned Sub Judge VI, Dhanbad in Money Suit No. 35 of 2006 whereby and whereunder the money suit of the plaintiff/appellant has been decreed and the defendants/respondents were directed to pay a sum of Rs. 1,68,301.58 paisa along with interest at the rate of 18 % per annum from 20.11.2006 till realization.

3. The appellant has prayed for confirmation of Judgment and Decree passed by learned trial court setting aside the judgment and decree passed by the learned appellate court in the aforesaid Money Appeal No. 02 of 2012.

4. Facts giving rise to this appeal in brief is that the plaint