Ambrose J:

This appeal arises out of an action in which the plaintiffs, Bajaj Textiles Ltd., claim $1,336.35, being the balance of the price of goods sold and delivered to the defendants, Gian Singh & Co. Ltd. The appeal is brought by the plaintiffs and concerns the defendants' counterclaim for $690,377.66 on a running account. The defence to the counterclaim is that the defendants owe the plaintiffs $11,846 on the running account.

The trial Judge held that a claim on a running account is a cause of action known to the law, and ordered that the Registrar take an account of all transactions on the running account between Gian Singh & Co. and Bajaj Textiles and Gian Singh & Co. Ltd. and Bajaj Textiles Ltd. from 14 May 1951 to 31 November 1962 and kept in the books of Gian Singh & Co. and Gian Singh & Co. Ltd.

The plaintiffs appeal against the decision of the trial Judge on four grounds.

Before I proceed to consider them, I will state the history and nature of the dealings between the parties as found by the trial Judge. I quote his own words:

From the evidence before me the following facts emerged. Hardial Singh, Inder Singh, Hira Singh and Balwant Singh are brothers. Pr