Kwatra Corporate Advisors (Advocates) 06 February 2012

Maintainability of a suit for recovery

Hi All,

Please let me know under what order / section / rule of CPC the maintainability of a suit is covered,especially when the defendent no.1 is the head of the family and is acting on behalf of other three defendents who are real brothers and they are also made partty to the suit because they all have different buisnesses and got the arcitectural work done for their respective buisnesses and houses from the firm of architects but when the payment for work was asked it was refused, but the trial court says its not maintaniable whereas the fact is this case was inittiallly filed in the high court from where it was remanded back to the trial court because of precuniary jurisdiction, since the claim is only for 16 lakhs?

Kindly help..

Thanks

J.S.Kwatra

Advocate

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2 Replies

sridhar pasumarthy (ADVOCATE) 06 February 2012

Dear jaskeerat,

For the maintainabiity of a civil suit, no provision of law is required. As per section 9 of c.p.c., every civil suit is maintainable unless it is expressly or impliedly barred.