ORDER :-Except under very exceptional and special circumstances an employee is not entitled to sue an employer for account. See - Ramachandra Mahavados and Co. v. Moovakat Moidunkutti Birankutti and Bros., 1938-2 Mad LJ 112: (AIR 1938 Mad 707) (A). The general law is, it is only an employer that can call upon his agent for an account. The vice versa is not always correct. See - Mahadevi v. Sankara Menon, 51 Mad LW 171: (AIR 1940 Mad 504) (B). It is impossible to say that the exception applies to the present case. Therefore the plaintiffs suit for an account is not maintainable.

2. But it is seen from para 10 of his plaint, that the plaintiffs prayer is for a sum of Rs. 541-3-0, being the amount alleged to be due to him for commission from the defendant for selling the defendants goods. The trial Court examined the evidence and came to the conclusion that that amount was due to the plaintiff.

As regards sub-cls. (2) and (3) of para 10, it is difficult to say that they relate to specific items. In para 11(a)(1) the plaintiff asked for his remuneration or commission from 10-4-1947 fill the end of July 1947 which he has estimated at Rs. 541-3-0. Though the other portions of the