The Law Relating to Accounts in British India

He limited the Cross-examination of the witness examined in connection with the accounts by the Pleader for the plaintiff to matters relating to the proper custody of accounts and to the question whether they were kept back in the Court of first instance. [...] An Account becomes an Accounts stated when items of credit if any arc set off against the debits and the balance struck to the knowledge of the debtor in favour of one of the parties ; and the account carries with it an implied promise to pay the balance.' Whether mutual or one-sided it is always open to both the debtor and creditor to go through the accounts adjust those accounts and arrive [...].A suit for the stated recovery of the balance will be the balance due on a mutual open and current account.34 The cause of action for a claim for balance due as per aurrutdary account and for commission and interest accrues from the close of the year in which the last item.was aamitted or proved indicating the mutuality of the transaction 35 After an account was made up and the final balance [...] Such an accounts stated certainly evidences a new contract and a suit can be based thereon.37 Where there we re account; adjusted between the parties which simply amounted to an ascertainment by reference to the plaintiff's accounts of the whole amount of the items on the debit side and of the paments on account credited on the other side and the acknowledgement of the balance appearing th [...] It is open to the plaintiff to base his suit either on an accounts stated or on the original debt.43 A suit can be based on accounts stated as it constitutes a different cause of action the consideation being the ascertainment of the state of account and the promise to pay implied in the admission of the balance.44 In a suit on a running account which includes some dishonoured hundies the amo