There is a broad distinction between the position where an account is rendered and where an account is stated or settled. 'MADHUSUDAN v. RAKHAL CHANDRA', 43 Cal. 248. In the former case the accounting party must satisfy the Court that the account was correctly rendered i.e. he must support it in Court; but in the latter case the person entitled to an account is bound by the account unless it can be reopened. 'RADHIKAPRASAD v. NANDKUMAR', ILR (1944) Nag 63. As already shown, the accounts are not stated or settled in the instant case and therefore it is not necessary to plead facts which entitles the plaintiff to reopen the settled accounts. But even if that was necessary, there is ample material on record to justify reopening of the accounts on the ground of error, if not on the ground of fraud.
IN THE HIGH COURT OF NAGPUR
First Appeal No. 127 of 1944
Decided On: 05.07.1951
Ramlalsao
Vs.
Tansingh Lalsingh
Coram:
R. Kaushalendra Rao and Deo, JJ.
Citation:1952 NLJ 278 Nagpur
