CHANDRA SEKHARA SASTRY, J.

( 1 ) THIS Revision Petition and the Civil Miscellaneous Appeal are filed by the plaintiff in O. S. 108/56 on the file of the Subordinate Judge s Court, Vijayawada under the following circumstances.

( 2 ) THE plaintiff in the suit in Kamala Mining Corporation a mercantile firm doing mining business at Vijayawada represented by his managing partner Yarlagadda Venkateswarlu. The 1st defendant is Doulatram Rameshwaralal, also a mercantile firm. The 2nd defendant was added as a party in the year, 1957 as he claimed to have become a partner of the plaintiff firm. The suit itself was for an account of agency pertaining to the sale of the plaintiff s 9,000 and odd tons of iron ore and for a decree on settlement of accounts for the amount found due. There was a preliminary decree on 20/12/1956. Then the accounts were gone into and the matter came up again before the Subordinate Judge s Court, Vijayawada and a judgment was given on 28th day of February, 1963 wherein the Court considered what was the amount due to the plaintiff from the 1st, defendant The following paragraphs i. e. . paragraphs 37 and 38 of the said judgment may be quoted as the main argument in th

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