Order 20 Rule 16 - It is not mandatory to pass a preliminary decree in every accountancy suit

,  Executive Engineer, Dal Lake Division-I vs Mousavi Industries Budgam Jammu and Kashmir HC

 Order 20 Rule 16 CPC |  It is not mandatory to pass a preliminary decree in every accountancy suit.

 "Where it is necessary ... that "an account should be taken" and "such account should be taken as he thinks fit"

  This clearly indicates that the Court is not required to pass a preliminary decree before passing a final decree.  Every suit for accounts, but only in those suits where the court thinks it proper and necessary in the facts and circumstances of the case to ascertain the amount of money payable to either party.

 → Where the facts of the case are so simple, either by admission or evidence, that a decision can be taken immediately, the court may pass a final decree without passing a preliminary decree

 Let us see what is Order 20 Rule 16 CPC?

 020 R16 Subsequent decree for accounting between principal and agent - Subsequent decree for accounting in respect of pecuniary transactions between principal and agent, and in any other suit not hereinbefore provided for,  Where it is necessary that accounts should be taken to ascertain the amount of money which is due to or from any party, the Court may, before passing its final decree, pass a preliminary decree setting out the details of such accounts.  There will be such instructions as he may deem fit to take.