The petitioner companymenced on July 2, 1951 in the Court of the Subordinate Judge, First Class, Ajmer an action against the respondents claiming a decree for Rs.
The material facts bearing on the plea raised are these.
The subject matter of the suit was, therefore, a claim for Rs.
10,665 and for rendition of accounts in respect of the balance of sale proceeds of 104 bales of companyton purchased by him through the agency of the respondents.
10,665 being the amount due on the foot of dishonoured cheques and interest thereon at the rate of 6 per annum between July 2, 1947 to July 1, 1951, less Rs.
An application filed by the petitioner for certificate under Art.
The petitioner also claimed a decree for the balance of the price.
Petition for special leave to appeal to the Supreme Court from the judgment and decree dated December 16, 1963 of the Rajasthan High Court in Civil First Appeal No.,
13,000 which because of lack of arrangement with the respondents bankers were number encashed, and the petitioner on that account was entitled to receive from the respondents Rs.
11,000 which was encashed and four cheques of the aggregate value of Rs.
20,000 in value, and the High Court erred in refusing a certificate under Art.
Mukat Behari Lal Bhargava, Zalim Singh, Meeratwal and Naunit Lal, for the petitioner C. Setalvad, and I. N. Shroff, for the respondent.
54 of 1956.
10,665 due to the petitioner on a cause of action arising on cheques dishonoured and a claim for the balance of the price due as may be ascertained on taking accounts.
The petitioner claimed that 104 bales of companyton purchased by him were sold by the respondents as his agents on May 14, 1948 for Rs.
after giving credit for companymission, dalali and godown charges incurred by the respondents as his agents and as he was number in a position to know the amounts due to or disbursed by the respondents, he claimed a decree for rendition of account.
4,000 subsequently received by him.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
133 1 b of the Constitution and 2 that the case is otherwise fit for appeal to the Supreme Court.
The trial Court passed a decree directing that account be taken for ascertaining the amount due in respect of the entire transaction of 104 bales and for taking accounts appointed a Commissioner.
20,000 and he was entitled as a matter of right to a certificate from the High Court under Art.
27,267/13/6 and without settling the account the respondents delivered towards that amount a demand draft for Rs.
The Judgment of the Court was delivered by Shah, J. The petitioner applies for special leave to appeal under Art.
890 of 1964.
54 of 1956 on two grounds 1 that the judgment of the High Court involves a claim or question respecting property of number less than Rs.
136 of the Constitution, against the judgment of the High Court of Rajasthan dated December 16, 1963 in Civil First Appeal No.
