JUDGMENT:

This appeal has been filed against the judgment and decree passed by the learned District Judge, Cuttack in R.F.A. No.34 of 2012 setting aside the judgment and decree passed by the learned 2nd Additional Civil Judge (Sr. Division), Cuttack in T.M.S. No.747 of 1989 in part to the extent of the liability of the respondent no.1 (defendant no.6) in so far as the said respondent no.1 who had been made jointly and severally liable to pay the decreetal amount to the appellant-plaintiff.

The appellant as the plaintiff had filed the suit for recovery of Rs.1,70,000/- with interest pendentilite and future at the rate of 18% from the respondent no.1 (defendant no.6) and others making them jointly and severally liable in such matter of payment. The suit having been decreed for recovery of Rs.1,70,000/- with 15% interest pendentilite and future and also with effect from last date of supply made by the appellant-plaintiff holding all the defendants jointly and severally liable in making the said payment, the respondent no.1 (defendant no.6) alone filed the first appeal under section 96 of the Code of Civil Procedure.

The appeal having been allowed to the extent as stated above, the plaint