MURLIDHAR Vs. GANESHDAS

JUDGEMENT

(1.) THE Plaintiffs first appeal is directed against the judgment and decree dated 16 -10 -1950 passed by the learned Second Additional District, Judge, Indore, in a suit for rendition of accounts. Instead of passing a decree for rendition of account or for re -opening accounts which the Plaintiff wanted, leave has been given to surcharge and faisify the accounts.

(2.) THE case of the Plaintiff is that the Defendant firm acted as agent of the Plaintiff in forward transactions in gold and silver from Baisakh 2002 to Baisakh 2003. The Vaida transactions were carried on in the Indore market in accordance with the rules framed by the Bada Sarafa Cotton Association and the Bullion Exchange, Indore.

(3.) THE suit was resisted by the Defendant on various grounds. It was alleged that the Plaintiff was a resident of Mhow Cantonment which was foreign territory so far as Holkar State was concerned. The Plaintiff therefore requested the Defendant firm to permit him to deal in forward transactions in gold and silver on the credit of the Defendant firm.