JUDGEMENT
-
(1.) IN a suit for rendition of accounts and payment of the amount, as may be found due thereafter, the plaintiffs were permitted to amend the plaint to claim instead a specific amount. That is what is sought to be challenged in revision here on the ground that the date on which the amendment was asked for, suit for the recovery of the said amount would have been barred by time.
(2.) THE contention of the counsel for the petitioner to this effect being founded upon Chaubey Sushil Chandra v. Raj Bahadur, A. I. R. 1977 All. 259 All where, it was held that in a suit for rendition of accounts, the claim instead of a specific amount by amendment would change the nature of the suit and such amendment should not, in the absence of special circumstances be allowed, particularly where a valuable right has accrued to the other party by limitation.
(3.) RELIANCE was also placed upon Aisha and Ors. v. State of Jammu and Kashmir, A. I. R. 1978 J and K 34 where a similar view was expressed while dealing with the prayer for amendment of the plaint at the stage of Second Appeal.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.