INDER SAIN L LACHMAN DASS Vs. PIARE LAL CHARANJI LAL
HIGH COURT OF PUNJAB AND HARYANA
INDER SAIN, L. LACHMAN DASS
PIARE LAL CHARANJI LAL
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Kapur, J. -
(1.) This is a defendant's appeal against an appellate order of the Senior Subordinate Judge, Ludhiana modifying the decree of the trial Court holding that the plaintiff had no right to ask for accounts.
(2.) The plaintiff brought a suit on 12-11-1952, alleging" that he was acting as agent of the defendant in that he had to go out and obtain orders for the sale of bicycle parts and he also was canvassing other persons and that the profits of the proceed which accrued as a result of his canvassing and orders obtained were to lie divided in the ratio of nine annas for the plaintiff and seven annas for the defendant. Other conditions arc not necessary for the purposes of this suit. In para. 4 of the plaint he alleged that the plaintiff obtained orders which were sent to the defendant for compliance and there were also other orders which were sent direct to the defendant and which were the result of the exertions of the plaintiff. As he did not know of those orders he brought a suit for accounts. An objection was taken that no suit for accounts lay by an agent against a principal, but this objection was overruled by the appellate Court and thus it was held that such a suit did lie.
(3.) A large number of cases has been quoted before me, but in my opinion the law laid down in Bowstead on Agency in Art. 79 at p. 170 correctly lays down the legal position. It is there stated:
"Where the accounts between a principal and agent are of so complicated a nature that they cannot be satisfactorily dealt with in an action at law, the agent has a right to have an account taken in equity ; but the relation of principal and agent is not alone sufficient to entitle an agent to an account in equity, when the matter can be dealt with in action at law.";
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