Civil Law Suit for rendition of accounts

2017 C L D 223

—-Ss. 9 & 10—Civil LAW of 1908), O.VII, R.11 & O.XX, R.16—Suit for rendition of accounts along with ancillary reliefs for seek in appointment of Chartered Accountant and declaration—Maintainability— Contractual relationship between the parties—Effect—Rejection of plaint—Defendant Bank contended that the suit was filed primarily for seeking relief of rendition of accounts which was not maintainable in the law in view of the contractual relationship between the parties— Plaintiff contended that question of maintainability of the suit was different from rejection of plaint and the exercise of jurisdiction under O.VII, R.11, C.P.C. limited the role of a court to only look at the contents of the plaint—Validity—Suit for rendition of accounts was not maintainable where the parties to the suit were in a contractual relationship—Procedure for regulating the suits for rendition of accounts was provided for in O. XX, R.16, C.P.C.—Said provision pertained to the procedure, and, therefore, did not create any substantive right for a party to seek rendition of accounts by filing suit in every case where such accounts were not provided—Procedure provided in O.XX, R.16, C.P.C. would only apply where there already existed a right to seek rendition of accounts—Rendition of accounts was normally confined to specific cases where relationship was of such a nature that the relief of rendition of accounts would only enable the plaintiff to assert his legal 2/28/2019 2017 C L D 223 2/4 rights—Furthermore, a suit for rendition of accounts could be maintained if the plaintiff indeed had a right to receive an account from the defendant—Such a right could either stem from a statute or it may be based on a relationship that was fiduciary in character— Right to seek accounts, however, could not be claimed in the present case because the plaintiff did not know the exact amount due to him—suit for rendition of accounts was thus not maintainable—Objection of the plaintiff having no force was accordingly repelled— Plaint was rejected in circumstances.

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