Mian Jalal-ud-din, J.

1. This is a plaintiff's second appeal and arises out of a suit for rendition of accounts brought by him in the court of City Munsiff Srinagar. The suit was dismissed by the trial court on the ground that the claim for rendition of accounts did not lie. On appeal the Additional District Judge, Srinagar affirmed the judgment and decree of the trial court and dismissed the appeal.

2. The appeal was originally heard by His Lordship the Hon'ble Chief Justice who was of the view that the appeal involved a substantial question of law as to the maintainability of a suit for accounts by an agent against the principal. The soundness of the view taken by a Division Bench of this court in AIR 1971 J&K 71 was challenged before His Lordship. The case was therefore, referred to the Full Bench. This is how the case has come before us.

3. Briefly speaking the facts of the case are that the plaintiff appellant brought a suit for rendition of accounts. The plaintiff averred that in the year 1956-57 tenders were invited by Mohtmim Dharmarth defendant respondent for the construction of two works namely ; (1) "Construction of office building at Basant Bagh" and (2) "Construction of s

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