Amendment of bare Injunction suit to mandatory injunction suit.
Gururja Rao
(Querist) 24 March 2008
This query is : Resolved
Hi all,
I am the plaintiff in the bare Injunction suit filed by me against my brother restraining him from constructing house in common area, subsequent to filing of the suit, before summons could be served on my brother he settled the matter while assuring me that he will not construct any structure in common area, and beliving him I have not deposited process in the main suit though I got Interim Injunction, thereafter the suit filed by me was dismissed for default for non depositing of process on defendant in the main suit. After two years in my absence my brother started construction in common area and compleated construction. Immediately I have filed an application U/o 9 r-4 of C.P.C for restoration of suit and the same was allowed and on behalf of my brother an advocate filed vakalat and sought time for filing Written statement, Now my doubt is that however my brother compleated construction in common area, and by continuing bare Injunction suit no purpose is going to be served on me, in such circumstances shall I file Amendment petition u/O 6 R-17 of C.P.c for Mandatory relief, if yes is it maintainable in Bare Injunction suits. And further I need a proforma amendment petition praying Mandatory relief with relevant case laws if any. Kindly provide me as it is very urgent. expecting answer with proforma amendment petition.
Rajendran Nallusamy
(Expert) 02 April 2008
You could have filed a fresh suit instead as there is a fresh cause of action. Any how you can file a petition for amendment of relief seeking mandatory injunction to remover the construction.
Srinivas.B.S.S.T
(Expert) 22 June 2008
for a suit for injunction the resjudicata does not apply as the cause of action is fresh as per our allegations in the plaint so you can file a fresh suit showing a new cause of action
Y V Vishweshwar Rao
(Expert) 17 June 2009
While Keeping the original Suit pending disposal , a New suit can be filed for removal of the illgal Construction made after filing the Injuntion Suit , and both suits can be tried togother
