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Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): Arijit Pasayat, R. V. Raveendran , JJ

(A) Civil P.C. (5 of 1908) , O.20 R.16— Suit for accounts - Who can file - R.16 does not create or confer right to file such suit - It applies only where right to sue for accounts exists. A suit for rendition of accounts can be maintained only if a person suing has a right to receive an account from the defendant. Such a right can either be (a) created or recognized under a statute; or (b) based on the fiduciary relationship between the parties as in the case of a beneficiary and a trustee, or (c) claimed in equity when the relationship is such that rendition of accounts is the only relief which will enable the person seeking accounts to satisfactorily assert his legal right. Such a right to seek accounts cannot be claimed as a matter of convenience or on the ground of hardship or on the ground that the person suing did not know the exact amount due to him, as that will open the floodgates for converting several types of money claims into suits for accounts, to avoid payment of Court-fee at the time of institution. O. 20, R. 16 does not create or confer any substantive right to seek rendition of accounts in any particular type of cases, nor in all types of cases. It merely refers to a rule of procedure and would apply where there is an existing right to seek rendition of accounts having regard to the relationship between the parties.(Para 16 ....