MIAN SAQIB NISAR, J.~ Respondents, filed a suit for recovery amounting to Rs.9,29,309.91 against the petitioner, as their share out of the rent proceeds of the two properties bearing No. P-72 and P. 146; the petitioner contested the suit, taking up the legal plea that the claim is barred by time, and also, sought set of to the tune of Rs. 19,43,749.98. In the light of the above, the respondents moved an application seeking amendment of the plaint to the extent of correcting number of one of the properties, and also that the petitioner be permitted to seek rendition of accounts as well. This application has been allowed by the learned Trial Court, vide order dated 3.11.1998, hence this revision petition.
2. Learned counsel for the petitioner, by relying upon Mst. Imam Hussain v. Sher AH Shah and others (1994 SCM R 2293) and Muhammad Mian v. Syed Shamiullah and 2 others (1995 SCM R 69), states that as the respondents had sought the recovery of specific amount in the plaint, therefore, by seeking the amendment in the plaint, the nature of the suit from that of recovery to rendition of accounts, shall stand changed.
3. I am afraid, this contention has no force, In substance, the respondents are seeking recovery of whatever amount is due to them from the petitioner on account of the rent proceeds of the two properties. Obviously, to determine what amount of rent has been fetched by the properties as rent, and what is the entitlement of each share-holder, the Court has to take and ascertain the true accounts. This is so particularly in the .Light of the claim of set of, set up by the petitioner in his written statement; however, without dilating much upon the validity of this claim of the respondents, if the Court after taking the accounts passes a decree, that shall conclusively resolve the controversy between the parties. Therefore, simply by seeking the relief of the rendition of accounts, the nature of the cause of action, set out in the plaint, would not be changed. Resultantly, this revision petition has no force and is hereby dismissed.