PANUGANTI NARASIMHA RAO Vs. SREERAJAH VELLANKI SRINIVASA JAGANNATHA RAO BAHADUR ZEMINDAR GARU OF TIRUVUR

JUDGEMENT

(1.) The plaint in this case was presented on 17-6-1912 and alleged that the plaintiff was the agent of the defendant and his father for the collection of the kist of a certain village and borrowed monies on their authority, and claimed payment of a specific sum, the balance shown by the statement of account therewith filed, interest thereon, and damages for costs incurred by the plaintiff in a suit filed against him in respect of money borrowed on behalf of the defendant. In his defence, dated 26-2-1913, the defendant denied the authority of the plaintiff to borrow monies and defend suits and otherwise challenged the correctness of plaintiff s accounts, and alleged that upon proper accounts being taken a balance will be found due to the defendant in respect of which he was about to take steps against the plaintiff.

(2.) On the 24th February 1913 issues were framed as to the correctness of plaintiff s accounts. On the 20th June 1913 the defendant applied for leave to file an additional written statement containing a prayer that a decree might be given in the suit for the amount found due to him on taking the accounts between the parties; and by order dated 24-6-1913 the defendant was allowed to amend his written statement accordingly.

(3.) The learned District Munsif found that the defendant s claim was barred, and that his written statement was not within the terms of Order 8 Rule 6 of the Civil Procedure Code but the learned Subordinate Judge held that the suit being for an account a decree could be passed against the plaintiff in favour of the defendant.