NATHMAL BHAIRONBUX AND CO Vs. KASHI RAM

JUDGEMENT

(1.) THIS is a defendants' appeal arising out of the final decree in a suit for accounts awarding Rs. 10,545.06 paise to the plaintiff -respondents with interest at 6 per cent, per annum from Kartik Sudi 1 of Samvat 2013 upto the date of realisation.

(2.) THE plaintiffs who were a joint Hindu Family carried on business in wool at Bikaner in the name of Kashi Ram Sewa Ram and Manak Chand Dwarka Das. According to them, the defendants were a firm who carried on business both at Bikaner which was then Head Office and at Bombay where they had a Branch Office. The plaintiffs' case, in brief, was that on 17 -8 -54 the defendants entered into an agreement with the plaintiffs to sell their wool on agency basis for a commission of Re. 1% for the work to be done. It was further agreed that if the wool were to be sold in Bombay the defendants would be charging an extra amount of annas 8 per bale as labour charges. The defendants were to sell the plaintiffs wool at Bikaner, Bombay and in foreign countries. One of the terms of dealing was that the wool was to be delivered by the plaintiffs to the defendants after weighment and fixing a basic yield. I may pause to mention that raw wool that is collected includes some inferior stuff and impurities therein and, therefore, a basic yield is fixed for a particular consignment and if on subsequent examination the yield is found to be above or below the basic yield, a pro rata adjustment upwards or downwards in the price is to be made. It was, therefore, agreed that if the yield of a particular consignment was found to be higher than the basic yield, the plaintiffs would be entitled to have the excess price to that extent and, if the yield were found to be less than the basic yield, the plaintiffs would get less amount proportionately. The plaintiffs proceeded to say that they had delivered wool to the defendants both at Bikaner and Bombay and further they had exported wool to England through the defendants agency. The defendants, however, did not render accounts of the various transactions which the plaintiffs were entitled to get being their principals and, therefore, the suit was brought for accounts and for whatever sum as may be found due to the plaintiffs on going into the accounts.

(3.) BOTH the parties adduced their evidence. Issues Nos. 1 and 3 were decided against the defendants. Regarding Issue No. 2 the learned District Judge held that it was satisfactorily proved that the relationship between the plaintiffs and the defendants was that of principal and agent on payment of Re. 1/ - per cent, as 'Adat' to the defendant. About the propriety of other 'charges with which the defendant had debited the plaintiffs, the learned District Judge said that this question would be gone into by the Commissioner and then decided by the Court before the passing of the final decree, if any. Having made these observations the learned Judge decided the issue in plaintiffs' favour and against the defendant. Issues Nos. 4, 5 and 6 were decided against the defendant. About Issue No. 7, the learned District Judge observed that it would be decided before passing a final decree. Issues Nos. 8, 9, 10 and 11 were decided against the defendant. In the result, the learned District Judge passed a preliminary decree for rendition of accounts of the suit transactions in favour of the plaintiffs and against the defendants. In order to ascertain the amount that may be due from one party to the other the learned District Judge appointed a Commissioner to examine the accounts of the parties in respect of the suit transactions and to submit his report. This preliminary decree was passed on 25 -3 -60. It was challenged by the defendants by an appeal to this Court, but a Division Bench dismissed the appeal on 30 -7 -65 and affirmed the preliminary decree.