MAHENDRA SINGH JAGGI Vs. DATARAM JAGNNATH

JUDGEMENT

(1.) LEAVE granted in all these special leave petitions.

(2.) BY consent of parties the appeals arising from these special leave petitions were heard finally and are being disposed of by this judgment as common questions are raised for our consideration in these appeals.

(3.) THE plaintiff filed a civil suit in 1961 in the Court of First Additional Subordinate Judge, Cuttack against the defendant for realisation of Rs. 10723.63 (Principal amount of Rs. 9385. 09 plus interest Rs. 1338.54 @ 10 Per Cent p.a. ) on Khata account. According to the plaintiff he was a financier and had advanced moneys from time to time to the defendant for enabling him to carry on his motor spare part business. According to the plaintiff the suit amount was falling due at the foot of account. In the said suit the defendant raised a counter-claim in his additional written statement claiming certain amounts after taking accounts from the plaintiffs in respect of goods which came into his possession in pursuance of an agreement. THE trial Court decreed the plaintiff's suit against the defendant but also accepted the cross-claim of the defendant for accounts and passed a preliminary decrees for accounts to be rendered by the plaintiff for the goods lying in his custody. THE trial Court observed that the details of the decree would be worked out in the final decree. THE plaintiff carried the matter in appeal so far as preliminary decree for accounts was concerned. Defendant also appealed against the money decree passed in favour of the plaintiff. Defendant's appeal was dismissed by the High Court. Defendant did not challenge that appellate order any further. Thus money decree passed against the defendant became final but the plaintiff's appeal against the preliminary decree for accounts as passed against him in favour of the defendant was allowed by the High Court. It set aside that part of the judgment and decree of the trial Court which directed the plaintiff to render accounts and dismissed the cross-claim made by the defendant in his additional written statement. THE defendant, who was respondent in plaintiff's appeal, carried the matter in further appeal before this Court. A three member Bench of this Court speaking through S. M. Sikri, C. J., allowed the appeal of the defendant and restored the preliminary decree of accounts as passed in his favour by the trial Court and directed the trial Court to proceed further for passing final decree in accordance with law. THE aforesaid decision of this Court is reported as Mohinder Singh Jaggi v. Data Ram Jagannath, AIR 1972 SC 1048. Pursuant to the preliminary decree for accounts as passed in favour of the defendant and against the plaintiff by this Court the final decree proceedings were resumed. THE Commissioner for scrutinising the accounts as appointed by the trial Court submitted his Report which was not acceptable to both the sides. After considering their objections to the Report ultimately the trial Court passed a final decree for accounts in favour of the defendant awarding Rs. 5,268.00 with profit at 10 Per Cent as recommended by the aforesaid Commissioner. THE defendant challenged the said final decree before the High Court in First Appeal No. 17 of 1977. THE total claim put forward by the defendant in the said appeal consisted of four items totalling to Rs. 47,478.86 as under: <FRM>JUDGEMENT_28_9_1998Html1.htm</FRM>