Law: Civil Procedure Code (V of 1908)

Section: O.VII,XX,R.11,16,S.115

Civil Procedure Code (V of 1908)-- ----O. XX, R. 16---Suit for rendition of accounts---Contractual relationship---Scope---Suit for rendition of accounts can only be filed against defendant where there exists any fiduciary relationship between the parties like partners of firm, guardian and ward, principal and agent, trustee and beneficiary of the trust---Where the relationship between the parties is contractual, the defendant cannot be obligated to render the accounts to the plaintiff. Messrs Friend Engineer Corporation Lahore v. Government of Punjab and 4 others 1991 SCMR 2324 and Town Committee Joharabad v. Falak Sher 2003 CLC 71 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil revision petition is directed by the petitioners under section 115, C.P.C. against the impugned judgment/decree dated 30-10-2017, passed by the learned Additional District Judge Gilgit, whereby the learned 1st Appellate Court has dismissed the civil 1st appeal of the present petitioners/plaintiffs by maintaining the judgment/decree dated 19-4-2017 passed by learned Civil Judge 1st Class Gilgit. 2. The factual background of case is that the present petitioners/plaintiffs filed a suit for rendition of account against the present respondents/defendants in the trial court as the present respondents had awarded two contracts i.e. Hailished Gama Skardu, S.M Barrecks Gilgit and 10% security deposit. The petitioners/ plaintiffs have prayed in their plaint/suit after rendition of account decree may be granted in favour of petitioners/plaintiffs. 3. The contesting respondents/ defendants Nos. 1 and 2 contested the suit by way of filing of their joint written statement in the learned trial court, wherein they have raised certain legal objections and have also repudiated contents of plaint on factual side. The respondents Nos. 3 and 4 have also filed a separate written statement in the trial court raising certain legal and factual grounds in their written statement. 4. During pendency of suit the respondents/ defendants Nos.1 and 2 filed an application under Order VII, Rule 11, C.P.C. for rejection of plaint in the trial court mainly on the ground that under the settled law the…

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