JUDGMENT

1. This is a revision application under Section 115, Civil P.C., against the appellate judgment and decree passed by the District Judge of Lucknow dismissing the applicant's appeal. The facts giving rise to this application may be stated shortly. The plaintiff, applicant is a firm carrying on business in partnership in Lucknow while the defendant opposite party is an insurance company., It appears that on 24th September 1936 the parties entered into an agreement (Ex. 2), whereby the plaintiff firm was appointed "Principal Life Agents" by the defendant opposite party to secure proposals, complete and organise business and otherwise to look after the interest of the company in certain territories subject to the conditions as regards the percentage of commission to be given to the plaintiff firm. One of the conditions of this agreement was that an overriding commission at a certain rate was allowed to the firm of the plaintiff, applicant for so long as its agency or the respective policies were in force over and above the renewal commission rates allowed to agents.

2. The plaintiff firm instituted a suit on 12th August 1989 for accounts and recovery of Rs. 2485.10-0 against th