Supreme Court of India · 1967-05-03
HULAS RAI BAIJ NATH vs FIRM K. B. BASS & CO..
- Citation / case number
- SC 1964/90488
- Court
- Supreme Court of India
- Petitioner
- HULAS RAI BAIJ NATH
- Respondent
- FIRM K. B. BASS & CO..
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
In a suit for rendition of accounts, the Supreme Court held that the defendant's claim of settled accounts did not create a vested right to prevent the plaintiff from withdrawing the suit. The Court clarified that under the Code of Civil Procedure, 1908, specifically Order 23 Rule 1, there is no obligation for the court to deny withdrawal in such circumstances. The Court emphasized that the right to claim a decree for rendition of accounts arises only after a preliminary decree is passed, which had not occurred in this case.