Judgement

SIKRI, C.J.I.:- This appeal by special leave arises out of a suit filed by the respondent, Data Ram Jagannath, hereinafter referred to as the plaintiff, against the appellant, Mohinder Singh Jaggi, hereinafter referred to as the defendant, for realisation of Rupees 9385.09 towards principal and Rupees 1338.54 towards interest at 12% per annum, on Khata account. Before the Trial Court the defendant raised a counter claim in his additional written statement claiming accounts from the plaintiff in respect of the goods which came into their possession in pursuance of an agreement.

2. The Trial Court decreed the plaintiff s suit against the defendant but also accepted the cross-claim of the defendant for accounts and passed a preliminary decree for accounts to be rendered by the plaintiff for the goods lying in his custody. The Trial Court observed that the details of the decree would be worked out in the final decree.

3. The plaintiff appealed against the preliminary decree for accounts passed in favour of the defendant. The High Court allowed the appeal and set aside that part of the judgment and decree of the Trial Court which directed the plaintiff to render accounts, and dis