NAHAN FOUNDARY LTD Vs. RAM KISHAN KULWANT RAI

JUDGEMENT

(1.) This civil revision is directedagainst the order passed by the Senior Subordinate Judge, SirmurDistrict, Nahan, on 3l-12-1969 dismissing the petitioner's applicationfor amendment of its Written-statement. The petitioner is NahanFoundry Limited Nahan which is Government undertaking while therespondents are M/s Ram Kishan Kulwant Rai, a partnership firmdoing bosiness in Punjab Delhi and other places. The plaintiffs hadfiled on 25-9-1967 a suit against the defendent-petitioner for renditionof accounts on the allegations that they had acted as distributors forthe sale of electric motors and pumps manufactured by the defendantpetitioner as per terms and conditions contained in an agreement dated.20-3-1962 for the States of Uttar Pradesh and Punjab including Delhi.and that the agreement was initially for a period of one year but hadbeen extended by mutual agreement until it stood expired on 19-3-1965.

(2.) The defendant in its written statement admitted the allegations thatthe plaintiff were its distributors for the period mentioned by them butresisted the suit on the ground that since t defendant had disclosedall accounts to the plaintiffs the latter are not entitled to any decree for rendition of accounts.

(3.) The plaintiffs claim was allowed by a judgment dated 30-8-1968and a preliminary decree for rendition of accounts was passed in favourof the plaintiffs and against the defendant. Pursuant to the decree alocal coimmissioner was appointed to go into the relevant accounts ofthe defendant and submit his report. The local commissioner, howevermade a reference to the Court that there was some dispute between theparties as to the period for which the accounts had to be gone into. Hetherefore, sought clarification on that point. By its order dated 13-6-1969 the learned Senior Subordinate Judge, who had passed the preliminary decree, held that the defendant was liable to render accounts apto19-3-1965.