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Civil Procedure Code (V of 1908)----- S. 75 (d), O. XXVI, r. 11, O. XX, r. 16 & O. XX, r. 11-Money suit-Need for examining account books and liability to render accounts- Different-Plaintiff`' filing suit for recovery of Rs. 29,488 or "whatever found due in favour of the plaintiff" and tentatively valuing suit for purposes of Court fee at Rs. 10,000-Trial Court treating suit as one for ac­counts and on receipt of report of Commissioner appointed for taking accounts passing final decree for Rs. 26,731 without any evidence of plaintiff about liability of defendant-Held : Court was in error in treating suit as one for accounts and in granting final decree for a bigger amount than the value of the suit. Talmlz S. Burney, Advocate Supreme Court with Muhammad Ibrahim, Attorney Supreme Court of Pakistan for Petitioner. Nemo for Respondents. Date of hearing : 7th January 1969. JUDGMENT QADEERUDDIN AHMAD, J.-Counsel for the petitioner has pressed for leave to appeal against the judgment of a Division Bench of the High Court of West Pakistan, partly accepting the First Appeal of the Respondents. 2. The facts which form the background, briefly stated, are that the petitioner filed a suit against the respondents for the recovery of Rs. 29,488 or "whatever found due in favour of the plaintiff against the defendants." He alleged in his plaint in 1962 that he was supplying motor parts and repairing motor vehicles from 1955. According to him, payments were delayed; therefore, demands had to be made, with the result that some of the bills which were outstanding were paid, but some still remained due. The petitioner, therefore, served a notice dated the 12th of December 1961, under section 80, C. P. C. and then filed the suit. The cause of action, according to paragraph 12 of the plaint, arose in the month of December 1959, "when the above-mentioned bills of the plaintiff were duly accepted and recorded in the measurement book, and lastly arose about a month back . . . . . . . . when the amount in question was not paid to the plaintiff. The suit was valued in paragraph 13 of the plaint as follows :- "the value of the suit is Rs. 29,488 but this being a suit for accounts…

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