RAGHUNATH PRASAD Vs. FIRM SEVA RAM TIKAM DAS

JUDGEMENT

(1.) This First Appeal by plaintiff. Seth Raghunath Prasad is directed against the decree of the Civil Judge, Agra (who was also exercising powers of Judge, Small Cause Court. Agra) dated 2-6-1956, dismissing his suit.

(2.) There is also before us a cross-objection by the defendant who claims that the trial court, while dismissing the suit, erred in refusing to award costs in its favour.

(3.) Plaintiff, Sri Raghunath Prasad, filed civil suit No. 6 of 1946 in the court of Civil Judge, Agra praying that the defendant Firm Sewa Ram Tikam Das, be ordered to render true and correct account of all the transactions entered into through its Commission. Agency from Katik Badi 15 Sambat 2001 corresponding to 16th October, 1944 to Bhando Badi 15 Sambat 2002 corresponding to 6th September, 1945, and claimed a decree for such amount as may be found due to him from the defendant with pendents lite and future interest. He estimated the value of his claim at Rs. 2,31,000/-.