Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court

Post published: November 15, 2023
Post category:Daily Judgments / High Court of Jammu and Kashmir and Ladakh
Reading time:2 mins read

Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court

Case: Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam

Coram: Justice Javed Iqbal Wani

Case No.: CFA No. 73/2013

Court Observation: “The expressions “where it is necessary…that an account should be taken” and “such account to be taken as it thinks fit” amply indicate that the Court is not required to pass a preliminary decree before passing a final decree in each and every suit for accounts but only in suits where the Court thinks it fit and necessary to ascertain the amount of money due to or from any party in the facts and circumstances of the case”.

“.. where the facts of the case are so simple, either by admission or proof as to afford a ready decision, the court can pass a final decree without passing a preliminary decree,”

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