Civil Law, Rendition of account, Maintainability

2018 C L C Note 83

CIVIL LAW—S. 114—Cost of gunny bags supplied to the plaintiffs by the Government, recovery of—Suit for declaration and permanent injunction—Maintainability—Rendition of accounts—Scope—District Food Controller submitted report with regard to outstanding cost of gunny bags of Government supplied to the plaintiff—Deputy Commissioner directed for recovery of the said amount as arrears of land revenue from the plaintiff— Plaintiff filed suit against the said order which was decreed holding that no such amount should be recovered without rendition of accounts—Validity- –Mere report of District Food Controller holding the plaintiff responsible to pay the amount without rendition of accounts would not be enough when status of plaintiff was that he had just rented his house to Food Department—No agreement between plaintiff and Food Department was on record— Plaintiff should challenge the report of District Food Controller which led to a cause of action for him—Both the Courts below had rightly appreciated the evidence on record—Recovery, in question, could not be effected from the plaintiff without rendition of accounts—No mis-reading or non-reading of evidence had been pointed out in the judgments and decrees passed by the Courts below—Findings recorded in the present judgments would not affect any inquiry to be followed by investigation—Revision was dismissed in circumstances. [Paras. 7, 8, 9 & 10 of the judgment]

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