MOHAN MEWAWALA Vs. DAMANI DYESTUFF LTD & ANR

JUDGEMENT

(1.) The present suit is for rendition of accounts. The Appellant - Plaintiff (hereinafter, 'Plaintiff') in the suit, sought rendition of accounts on the ground that he was a commission agent for the Respondent-Defendant (hereinafter, 'Defendant'). The suit was dismissed vide order dated 7th August, 2006, primarily on the ground that the suit as framed is not maintainable. The trial court held that since the Plaintiff knew the specific amount that was due and had quantified the same in the Plaint and in the notice, the suit for rendition of accounts is not maintainable. Relevant portions of the impugned order are set out below:

(2.) The present appeal impugning the above order was admitted on 21st January, 2008. Thereafter, none appeared for the Appellant on 5th August, 2011 and the matter remained on board.

(3.) Learned counsel for the Respondent is present and has taken the court through the impugned order dated 7th August, 2006. The learned trial court has after perusing the pleadings and the documents on record arrived at a categorical conclusion that the Plaintiff knew as to what are the amounts due from the Defendants. In fact, the Plaintiff had adequate knowledge of the payments made by the various companies to the Defendants and the amount recoverable from the Defendants.