JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. This is a first appeal from the judgment and decree of the Learned District Judge, Special Division-1 (learned Trial Court) dated 28.02.2019. First appeal is a valuable right for the aggrieved. It is beyond doubt that all question of facts and law decided by the learned Trial Court are open for reconsideration. It is, however, necessary for this Court to carefully examine and deeply consider both the fact as well as the law arising herein and give cogent reasons while disposing the appeal. It is our duty to properly deal with all the issues and the evidence led by the parties. Learned Counsel Mr. Zangpo Sherpa for the appellant and Mr. K.T. Tamang for the respondent have been heard in detail on facts as well as in law. This judgment reflects their erudite submissions.

2. A money suit was filed by the plaintiffs (the appellants herein) against the defendant (the respondent herein) for recovery of money towards payment for work done under a contract. The suit went for trial after the defendant filed the written statement and eight issues were framed.

3. The learned Trial Court while dismissing the suit held that time was the essence of the agreement