1. This is defendant's appeal challenging the judgment and decree dated 01.05.1995 passed by the District Judge, Raipur declaring that the plaintiff is entitled to rendition of account from the defendant, further appointing a Commissioner to ascertain the exact amount, which the plaintiff is entitled to receive from the defendant and that the said amount be paid by the defendant to the plaintiff together with interest @ 12% w.e.f. 24.10.1979 till recovery.

2. Facts of the case, very briefly stated, are that the plaintiff is a registered partnership firm engaged in commission business and Kirana trade at Gudiyari, Raipur. The defendant, who is a manufacturer of postman groundnut refined oil, appointed the plaintiff as its commission agent to sell its product on commission on the terms mentioned in para 3A of the plaint. The relationship of commission agent thus continued from 08.01.1973 to 1976, however, on 13.10.1976, the defendant returned the amount of Rs.32,550/-, which was the amount paid by the plaintiff to the defendant for supply of goods, but the defendant could not supply the goods. According to the plaintiff, as on this date i.e. 13.10.1976, the defendant was to pay