Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court
1 year, 4 months ago

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

Live Law  

Elucidating the application of Order 20 Rule 16 of the Civil Procedure Code, the Jammu and Kashmir and Ladakh High Court has ruled that the Court is not mandated to pass a preliminary decree before a final decree in every suit for accounts. Justice Wani after careful consideration of Order 20 Rule 16 of the CPC addressed the primary contention and observed that the Court isn't obligated to pass a preliminary decree before a final decree in every suit for accounts. Spotlighting the expressions “where it is necessary…that an account should be taken” and “such account to be taken as it thinks fit” used in Order 20 Rule 16 the bench recorded, “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,” Court added.

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History of this topic

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court
3 weeks, 3 days ago

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court

Live Law  

The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure. It added, “Therefore, the executing court is empowered to examine and determine such claims within the execution proceedings, eliminating the need for institution of a separate litigation” These observations arose from an …

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court
11 months, 3 weeks ago

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …

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