DASURAM MIRZAMALL Vs. BALCHAND SURANA

JUDGEMENT

(1.) THIS appeal is directed against an order, dated 8 -3 -54, passed by the learned District Judge, Lower Assam Districts, setting aside an award which' was made on a reference by the Court. The Appellant instituted a suit in the Court of the Subordinate Judge, Lower Assam Districts, against the Defendant for recovery of a sum of Rs. 75,309/7/9 pies, alleged to be due on books of account.

(2.) IT is important to notice that there were two distinct reservations made in the plaint of the suit. The Plaintiff expressly reserved his right to bring a fresh suit in respect of the amount of profits to which he claimed to be entitled on account of the business in question. The Plaintiff further stated that the Defendant had drawn a hundi for a sum of Rs. 10,000/ - in favour of the Plaintiff, which amount had been adjusted towards the amount payable by way of interest .

(3.) ON the pleadings aforesaid, a number of issues appear to have been framed by the trial Court, the most important of them being issues Nos. 3 and 5, which respectively run as follows: