Judgment

KRISHNA IYER, J. - These two appeals by special leave step from a suit instituted by the appellant (now represented by his legal representative, his widow) for rendition of accounts against the defendant-respondent, the Standard Vacuum Oil Company Ltd. The respondent company has been taken over by the Hindustan Petroleum Corporation. We have heard counsel on both sides. It is unfortunate that the plaint has been drafted with in a confused manner and the written statement, probably mislead by the plaint, has also not brought out the real contention between the parties. Sorting out the documents and the other evidence in the case, we have discovered that the foundation for the action is Ex. P-9 (a), a contract between Mr. Sud the plaintiff and the S. V. O. C., the defendant. The courts, not having proper pleadings before them, have not been able to approach the real issue arising in the case. The party mainly responsible for this misfortune is probably the plaintiff himself.

2. Even so, looking at the justice of the matter in the light of Ex. P-9 (a) we are satisfied that the defendant-respondent should pay the plaintiff-appellant an amount which would represent the probable c