(Oral)

Gopal Sri Ram JCA:

This is the judgment of the court.

This appeal is directed against the order of the learned judge of the High Court, dismissing the plaintiff's claim for the following relief:

(a) a declaration that he is entitled to full benefit of all business transacted by P.S. nee Indrani - Account no. 042412 Org. No. 6200;

(b) an order that an account be taken in respect of Indrani's business transaction;

(c) judgment for such sums as shown in the account with interest thereon

(d) alternatively for damages and interests thereon; and

(e) costs.

The facts which form the background against which this appeal rests, fall within a narrow compass. The plaintiff (the appellant before us) was at all material times a Divisional Sales Officer ("DSO") of the defendant (the respondent before us). But he had another relationship with the defendants, namely as agent for the sale of the defendant's insurance policies.

These two relationships are contained in two separate agreements. These agreements were entered into between the plaintiff and the defendant periodically. The agreements material and relevant to the instant dispute are both dated 8 July 1986. Both had several c