MOHAN MEAKIN LIMITED Vs. INTERNATIONS TRADE

JUDGEMENT

(1.) "Whether a Court in a suit for rendition of account can pass a final decree exceeding its pecuniary limit of jurisdiction" is the question involved in the present reference made by the learned Additional District Judge, Solan.

(2.) Briefly, the facts giving rise to the present reference may be thus stated. A suit, being Civil Suit No. 31-S/l of 1995/993 was filed by Messrs. Mohan Meakin Limited, Solan against Messrs. Internations Trade, New Delhi and another for rendition of accounts. Such suit was valued for the purpose of Court-fee and jurisdiction at Rs. 4,00,000/- and requisite Court-fee was affixed on the plaint. An ex parte preliminary decree for rendition of accounts was passed by the learned Additional District Judge, Solan, on 13-8-1999 in favour of the plaintiff and against the defendants.

(3.) On 6-10-1999 an application was made by the plaintiffs praying for appointment of a local Commissioner to go into the accounts of the parties and to report regarding the amount due, and for passing a final decree in terms of the report of such local Commissioner. Such application came to be registered as C.M.A. No. 212-S/6 of 1999. On 11-5-2000, an ex parte order came to be passed by the learned Additional District Judge, whereby Shri Dinesh Gautam, Chartered Accountant, Solan, was appointed as Local Commissioner to go into the accounts after due notice to the parties and to report regarding the amount due to the plaintiff.