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The appeal impugns the judgment and decree dated 29.04.2005 of the Court of Additional District Judge, Delhi of dismissal of suit No.21/2005/1995 filed by the appellant against the respondent. I may notice that vide the same judgment and decree, the counter claim filed by the respondent / defendant against the appellant / plaintiff for recovery of monies was also dismissed but the senior counsel for the respondent / defendant states that the respondent / defendant has not challenged the dismissal of its counter claim.