Kolkata Court August 1912 Judgments

Kumeda Charan Bala and anr. Vs. Asuthosh Chattopadhya

Court: Kolkata

Reported in: 16Ind.Cas.742

1. This appeal is directed against what purports to be the preliminary-decree in a suit for accounts by a principal against the representative of his deceased agent. The case for the plaintiff respondent was that one Chandra Mohan Bala acted as his agent for collection of rents and realisation of advances from tenants from 1397 to 1901 that upon the death of Chandra Mohan, he was succeeded by his son, Gopinath Bala, as agent, who acted in that capacity from 1902 up to the time of his death in 1908, and, that finally, upon the death of Gopinath, he was succeeded as agent by his infant son the first defendant, Kumeda Charan Bala in 1909. The plaintiff asserted that though some account papers were delivered to him, they were neither explained nor supported by vouchers, and that he was consequently entitled to have the accounts taken for the entire period of agency from 1897 to 1901. The claim was resisted by two infant sons of Gopinath Bala represented by their mother as guardian ad litem...