JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) has assailed the judgment and decree passed by the learned Additional District Judge, Bhanjanagar in RFA No.09 of 2013; by which the judgment and decree passed by the learned Civil Judge (Senior Division), Bhanjanagar in C.S. No.33 of 2011 have been confirmed.

The suit having been dismissed, the Appellant as the unsuccessful Plaintiff had carried the Appeal under section 96 of the Code which too has been dismissed. Hence the present Second Appeal is at the instance of the Appellant, who has remained as the unsuccessful Plaintiff before the Trial Court as well as the First Appellate Court.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. Plaintiff’s case is that t