S RIPUDAMAN Vs. SURINDER KUMAR ETC

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent raises the question whether the plaintiff was at liberty to bring a suit for rendition of accounts against the defendant or the legal heirs or representatives of the defendant.

(2.) THE plaintiff in this case is the proprietor of a partnership firm known as Modern Sanitary engineers and Contractors, Delhi, while the defendants are two sons and a widow of R. S. Nathu ram Kukroja of Delhi.

(3.) IN or about the year 1940 R. S. Nathuram (hereafter referred to as the defendant) obtained a contract from the Public Works Department for the construction of a civil hospital at Quetta. On the 4th December 1940 the defendant sublet the sanitary, drainge and water supply part of the said contract to the plaintiff, the principal conditions of subletting being that the plaintiff, would allow the defendant 6 1/2 per cent on the net amount received from the Public Works department in respect of the work entrusted to him, that the plaintiff would carry out the work according to the specifications of the department, that the defendant would pay the plaintiff 90 per cent of the bill presented to him every month for the work done whether he got any payment from the department or not and that the final amount would be paid to the plaintiff after the preparation of the final bill.