ORDER

This special leave petition arises from the order of the learned single Judge made on August 2, 1996 in CRP No. 476/96.

2. The admitted position is that the respondent had filed the suit for settlement of accounts on the basis of a contract dated May 12,1983. He also sought for decree jointly and severally against the defendants 2 to 4 or against their estate for the amount due; for a declaration that the respondent is entitled to recover all the loss and damages from defendants and their assets when the same was ascertained, as stated in paragraph 8 of the plaint. An application has been filed on February 15, 1995 under Order VI, Rule 17, CPC for amendment of the plaint for converting the suit into one for damages quantifying the damages as stated in para 8A. The trial Court dismissed the application. In the revision, the High Court allowed it. Thus, this special leave petition.

3. It is contended for the petitioner that a suit merely for settlement of accounts and declaration that the respondent is entitled to recover damages from the defendant cannot be converted into a suit for damages in particular after the right of recovery is barred by limitation, i.e., a valuable right