- (1.) This is an application for review taken out by the Opposite Party to an Order dated 5th March, 2013 disposing of the Revisional Application being C.O 773 of 2013 after setting aside the Order passed by the Trial Court.
(2.) The review is basically founded on the point that there has been an error apparent on the face of the record in as much this Court proceeded on an assumption that the Suit filed by the Opposite Parties is not a Suit for accounts. The attention of the Court is drawn to the plaint and the relief claimed therein to demonstrate that apart from several declaration having sought therein the decree for accounts is also prayed for.
(3.) Before proceeding to deal with the submissions advanced by the respective Counsels it is relevant to record that prayer (h) to the plaint contains a relief in the form of decree for accounts for a sum of Rs. 50,000/- tentatively against the Defendant Nos. 1 to 3 and 5 to 7 jointly and severally. It is not necessary to record the facts of the case in extenso for disposal of the Review Application, the following facts adumbrated herein below are sufficient to address the issues involved herein.;