Regarding maintainability of suit
simrat pal singh
(Querist) 21 November 2013
This query is : Resolved
sir
someone has not paid the amount of bills issued by me and after issued notice to him regarding outstanding amount against him, i have instituted a suit for mandatory injunction for directing the defendant to pay the outstanding amount of the bills against him, whether suit instituted by me is maintainable, kindly suggest me judgement of high courts or supreme court on the maintainability of my suit, if during the pendency of the suit i will file an application u/o 6 rule 17 for adding the relief of recovery in the said suit then whether it will change the nature of the suit, if not then kindly suggest me judgement of apex courts over the same. kindly suggest me some suggestions to decree my suit.
i shall be very thankful for you
niranjan
(Expert) 21 November 2013
The suit is maintainable. You must have asked for recovery of your amount with interest and you must have paid court fee on that amount.If there is any omission,you can amend the plaint re:recovery in relief portion,you should correct court-fee details,limitation and particularly pecuniary jurisdiction.This is not going to change the nature of the suit.
