KOKAMAL MADHORAM Vs. GULABSING GURUDATSING

JUDGEMENT

(1.) The plaintiff filed this suit in the Court of Small Causes, Bombay, alleging that the defendants requested him to order out aniline dyes on certain terms as to commission,

(2.) On the account which subsisted between the plaintiff and the defendant with regard to that transaction he claimed Rs. 1061-2-6 with interest from Kartak Sud 3, 1977, to Aso Vad 30, 1978, amounting to Rs. 145-1-6.

(3.) The defendants applied to the High Court for a transfer on the strength of an affidavit in which they alleged- (1) that the defendants did not request the plaintiff to order out goods to them; (2) that defendants indented for goods from an Italian firm In. Iridescente; (3) that the said firm supplied the goods to the defendants through the plaintiff as agent of the firm; (4) that plaintiff had no right to sue in his own name since he was the agent of a disclosed principal; (5) that the defendants had a claim against the said firm for shortage and late delivery amounting to Rs, 4000 against the balance of price of the goods supplied. To ascertain the amount an account would have to be taken of all the goods supplied from time to time; (6) that the defendants counter-claimed against the plaintiff for such amount as would be found due on taking such account. 1