Mukerji, J. - (1.) This is a first appeal from order which raises an interesting question of law -- a question which has apparently not been decided in this Court -- at any rate no reported decision of this Court was cited before me by counsel appearing for the parties on either side.
(2.) A suit was instituted on 7th October 1946 by Lala Onkarnath as a proprietor of Firm Onkar Nath Raj Narain against Firm Bul Chand Chandi Ram and Company, through Bul Chand, one of the proprietors of the Firm Bul Chand Chandi Ram and Co., Timber Merchants situate at Hyderabad, Sind, for the recovery of Rs. 1500/- with costs. The suit was filed in the Court, of Munsii of Agra and was numbered as 894 of 1946. An amendment to the relief was subsequently sought and the relief was amended to contain an alternative prayer to the effect that in case a decree for a specific sum was not awardable then a decree for rendition of true and correct accounts be made against the defendants in favour of the plaintiffs. Amongst other defences a defence of want of jurisdiction of the Court to try the suit was also raised.
(3.) The trial Court decreed the suit holding that it had jurisdiction to try the suit and. therefore, made a preliminary decree for accounts.;