NATIONAL TEXTILES Vs. PREMRAJ GANPATRAJ

JUDGEMENT

(1.) A short point has been urged in support off this appeal though at considerable length. Them has been some citation of authorities, but the point has ultimately to be decided on principle.

(2.) The facts are as follows. On the 18th of December, 1950, the respondent, Premraj Ganpatraj, brought a suit against the appellant. National Textiles, for recovery of a sum of Rs. 2,36,946-10-2. The suit has been described as an agent's suit against a principal for reimbursement, but, in reality, it appears to have been a claim for commission on account of commission agency dealings. On the 8th of May, 1956, a decree was passed in the suit and, by that decree, Mr. A. N. Sen, a member of the Bar, was appointed a Special Referees on a settled remuneration of 100 gold mohurs, to be paid by the plaintiff in the first instance, to determine what amount was due by the defendant to the plaintiff in respect of the commission agency dealings which had taken place between 1st of January, 1949 and the 18th of December, 1950. Pending the receipt of the Referee's report, further hearing of the suit was adjourned. As regards the time within which the Referee was to make his report and as regards further directions that might be necessary, the decree provided as follows:--

(3.) The appellant was dissatisfied with that decree and on the 3rd of July, 1956, preferred an appeal. At the time that it filed the appeal, it also applied for a stay of further proceedings in the reference, but by an order, dated the 18th of July 1956, stay was refused. The respondent, however, gave an undertaking that in case it was found in the appeal that the reference was unnecessary and thus the reference proved infructuous, it would pay the appellant all its taxed costs which would be found to have been thrown away.