PUNJAB STATE ELECTRICITY BOARD Vs. JAGDISH RAJ SETHI

JUDGEMENT

(1.) The plaintiff filed this suit for rendition of account and the payment of the amounts which may be found due according to the earlier decree of declaration that he was entitled to be promoted as Assistant Engineer with effect from 24th August, 1973. The trial Court dismissed the suit holding that the suit for rendition of account was not competent. In the appeal filed by him, the plaintiff moved an application that he may be allowed to convert the suit into one for injunction directing the respondent to make the payment of the amounts found due to him. The learned District Judge allowed the application by the impugned order and aggrieved thereby the defendant has come up in this appeal.

(2.) According to the provisions of section 41(h) of the Specific Relief Act, 1963 , no injunction can be granted when the plaintiff has an equally efficacious remedy to enforce his rights by any other usual mode of proceeding. Even the learned counsel for the respondent did not dispute that for the relalisation of any amount due to the plaintiff a money suit has to be filed but he contended that as a declaratory decree has also been granted to the plaintiff, suit for injunction would be competent. I am unable to subscribe to this view. May be that the plaintiff was not required to file a suit and could execute the decree as observed by the Supreme Court even if it was only a declaratory decree but no suit for issuance of an injunction for payment of amount would be competent. This revision is consequently allowed and the impugned order set aside. No costs.