SITARAM MOOLCHAND Vs. JASRAM MOOLCHAND

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Civil Procedure Code arises out of a suit instituted by the respondent against the appellant for rendition of accounts.

(2.) THE plaintiff's case as stated in the plaint was that in Samvat 2002 the plaintiff dealt in purchasing and selling of Ghee, Sugar, Cotton etc, through the defendant as his corn mission agent; that the defendant did not furnish accounts inspite of repeated demands by the plaintiff and that afterwards the defendant sent to the plaintiff a statement of accounts but the same was not correct. The defence was that the plaint was vague; that the statement of accounts which had been sent by the defendant to the plaintiff was correct and that whatever amount had been found due to the plaintiff had been remitted to him by a cheque dated 2nd August 1949. In the pleadings both the plaintiff and the defendant have been described as firms, but it appears that the plaintiff Keshrimal is the sole proprietor of his business carried under the name and style of "firm keshrilal Moolchand"; likewise, Badrilal is the sole proprietor of his business named and styled as Ramlal Ramchandra.

(3.) ON appeal by the plaintiff, the judgment of the trial judge has been set aside and the plaintiff's appeal had been allowed. The appellate Court has held that the plaintiff is entitled to a preliminary decree for rendition of accounts and has remanded the case to the first court for final disposal. It is against this_ judgment and decree dated 20th September 1955 that this second appeal has been preferred by the defendant firm.