As far as prayer (e) is concerned, plaintiff seeks an order and decree
against defendant No.1 to render true and correct accounts of its acts and actions
in respect of suit property. Even if defendant No.1 is considered as an agent of
the plaintiff, for such relief as claimed in prayer (e) for rendering true and
correct accounts by an agent Article 4 of the Limitation Act would be applicable
which provides for three years time to file a suit by a principal against agent to
include his conduct or in any event Article 113 which provides for three years
period in respect of the claim to which no other article applies would apply and
time begins when right to sue first accrues. Consent award was made on 15th
April 1986. Decree was passed in 1991. Right to sue if any for rendering true
and correct account by the first defendant arose in the year 1991. Prayer (e)
thus on the face of it is barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
Naresh Lachmandas Aswani
Vs
Haridas alias Hardas Lachmandas
CORAM : R.D. DHANUKA, J.
Dated : 18th OCTOBER, 2013
Citation: 2016(4) ALLMR 286
