B.N. Nigam, J. - (1.) Banwari Lal Tandon filed regular suit No. 51 of 1951 against Messrs. The Lakshmiji Sugar Mills Co. Limited, Maholi, district Sitapur, claiming the following reliefs : (a) A decree for full and true account of commission due to the plaintiff. (b) Decree for Rs. 5,250 : 00 nP. or such other further amount as may be found due to the plaintiff on rendition of details on which additional court-fee will be paid. (c) Interest at six per cent. per annum until payment. (d) Costs of the suit.
(2.) The plaintiff alleged that about the middle of January 1948 the defendant company's Managing Director, Kishori Lal, had a talk with the plaintiff at plaintiff's residence to induce him to work as defendant's representative to secure Government contracts for the supply of Sugar to various Government departments, and the plaintiff acted as the defendant company's agent and broker from the middle of January 1948 up to end of January 1949. The plaintiff was promised a commission of rupee one per bag on all contracts secured with Government departments or railway authorities. This commission was to include all expenses incurred by the plaintiff in running about and securing the contracts. The plaintiff worked for the defendant and secured the four contracts mentioned in paragraph 3 of the plaint. The plaintiff further alleged that he was not in possession of details of the contracts which are all in possession of the defendant. The defendant, despite requests, has neither rendered accounts nor paid money due in spite of promises. The plaintiff tentatively fixed the relief at Rs. 5,250: 00 nP. The cause of action arose between February 1948 and January 1949 when the various contracts were secured by the plaintiff. The suit was instituted on 16-4-1951. Some of the contracts were beyond the period of three years' limitation, and the plaintiff claimed that these were within limitation due to acknowledgments dated 24-3-1949 and 23-4-1949. Payments made have been appropriated in priority of time.
(3.) The first written statement was filed on 24-5-1951. The defendant admitted that plaintiff had been' appointed agent but asserted that the1 agreement had been arrived at Maholi and the plaintiff had acted as agent only from February 1948 to December 1948. The rate of commission was only -/8/- per cent. In paragraph 4 it was asserted that the defendant was not bound to render accounts. It was claimed that A sum of Rs. 7703/15/- was due to defendant from the plaintiff.;