Being aggrieved by the judgment and decree dated 24-11-2011 passed by the learned District Judge, Special Division-I, Sikkim at Gangtok, in money suit No.3 of 2010, (hereinafter referred to as the impugned judgment) the Appellant has preferred this Appeal.

2. In the original suit, the Appellant was the Principal Defendant, the Respondent No.1 the plaintiff and the Respondent Nos.2 and 3 the Pro forma Defendants.

3. Without going much into the details of the warring contentions, it is sufficient for the purpose of this Appeal to note that in the Civil Suit the respondent No.1 herein, had in substance sought for recovery of Rs. 3,44,225/- from the Appellant against a contract work awarded to the Respondent No.1, but that had been sub-let to the Appellant in November, 1998 on the condition that the investments made by the Respondent No.1 would be repaid by the Appellant with 10% of the value as premium.

4. It was pleaded by the Respondent No.1 that he had executed the contract work by engaging the Respondent Nos. 2 and 3 as Supervisors by incurring the cost towards the construction and that during the progress of the construction, Appellant had paid him a sum of Rs. 1 lakh but la