MODI, J.—This is an appeal by the plaintiff Puttolal Sharma against a judgment and decree of the Senior Civil Judge, Ajmer, dated the 21st January, 1960, by which he recorded a compromise alleged to have been arrived at between the parties and dismissed the plaintiffs suit in accordance with it, leaving the parties to bear their own costs.

2. The material facts leading up to this appeal may shortly be stated as follows. The plaintiff was a building contractor at Ajmer. The defendant is Maharaja Sumer Singh, Ruler of Kishengarh which was a neighbouring independent State in 1947 and 1949. The plaintiffs case was that as a result of an agreement between the parties, he had built two palaces for the said Ruler of Kishengarh, one at Ajmer and the other at Kishengarh and had also undertaken certain other works of a subsidiary nature for the defendant, the details of which were mentioned in the plaint and that he had repeatedly asked him and a Colonel A. Sharman, who was his controller of personal estates and was looking after all the personal properties of the defendant in that capacity, to render a full and complete account of all the works executed by the plaintiff and to make full and

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