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DELHI HIGH COURT
PRATHIBA M.SINGH
Mohan Mewawala – Appellant
Versus
Damani Dyestuff Ltd. – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--The present suit is for rendition of accounts. The Appellant-Plaintiff (hereinafter, `Plaintiff') in the suit, sought rendition of accounts on the ground that he was a commission agent for the Respondent-Defendant (hereinafter, `Defendant'). The suit was dismissed vide order dated 7th August, 2006, primarily on the ground that the suit as framed is not maintainable. The trial court held that since the Plaintiff knew the specific amount that was due and had quantified the same in the Plaint and in the notice, the suit for rendition of accounts is not maintainable. Relevant portions of the impugned order are set out below:
"....It is thus clear from a plain reading of the aforesaid paragraphs that the Plaintiff knew as to from which particular companies the amount had been by the Defendants and what amount had been paid. Surprisingly, the Plaintiff even after having a definite idea of the amount recoverable from the Defendant, had chosen to file the suit for rendition of accounts instead of making a prayer for recovery of specific amount. The judgment Gokal Jewellers (Supra) is applicable to the facts of this case. The suit, as framed, is not ma
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