JUDGMENT

B.N. Agrawal, J.-In these appeals by special leave judgment rendered by a Division Bench of Madras High Court has been impugned whereby the judgment and decree of the trial Court dismissing plaintiff s suit have been set aside and suit has been decreed. While Civil Appeal No. 599 of 1997 has been preferred against the main judgment whereby the High Court has decreed the suit, Civil Appeal No. 600 of 1997 against that portion of the impugned judgment whereby the prayer, made on behalf of the defendants for taking, joint application filed by the plaintiff and defendant No. 1 before Regional Transport Authority for permission to transfer 5 buses along with permits in favour of defendant No. 1, by way of additional evidence at the appellate stage, has been refused.

2. The plaintiff-respondent filed a suit bearing Title Suit No. 261 of 1982 in the Court of Subordinate Judge at Salem for appointment of a Commissioner for fixing price of 5 buses and their routes fully described in Schedule B to the plaint and thereafter decree the suit for the amount so ascertained against defendant Nos. 1 and 4 to 7. Further prayer was made for rendition of accounts in respect of profits derived