Rendition of accounts maintainable in fiduciary relationships: LHC
LAHORE: The Lahore High Court has held that rendition of accounts could only be sought in cases where relationship was of fiduciary in character. Suit for rendition of accounts did not create any substantive right of a party in every case, the court remarked. The court said, the procedure provided in Order XX, Rule 16, of C.P.C. would apply only where right to seek rendition of accounts already…
The Lahore High Court has ruled that the rendition of accounts can only be sought in cases where a relationship of fiduciary nature exists. The court emphasized that a suit for rendition of accounts does not automatically grant any substantive rights to the parties involved. According to the court, the procedure outlined in Order XX, Rule 16 of the Civil Procedure Code would only apply when the plaintiff already possesses the right to seek rendition of accounts.
The court stated that a plaintiff can only seek this relief if it enables them to assert their legal right, which can either stem from a statute or be based on a fiduciary relationship. This decision was made in a petition filed by Sheikh Saeed Ahmad, who was challenging the lower courts' dismissal of his suit seeking recovery of an amount and rendition of accounts.
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