joint family property; for a declaratory decree and consequential relief.(c) to obtain a declaratory decree or order, where consequential relief is prayed
that the decree should be set aside; but that,
assuming that it was rightly framed in asking only for a
declaratory decree, the Court ... decree passed by
the trial court should be set aside and the plaintiff-
respondent no. I should be granted a declaratory decree
that the compromise
except the term as regards
period.
The settlement deed, the 1971 declaratory decree and the Will
8. During the pendency of the above proceedings ... specifically to the settlement deed dated 25 th
September 1968, the declaratory decree dated 30th April 1971, the Will
dated 12th
would not be
maintainable on the basis of a declaratory decree as the declaratory
decree did not convey any title in favour of the reversioners ... based on an earlier declaratory decree is filed it is
open to the defendant to establish that the declaratory decree on
which suit is based
thus :
"(iv) -- In suits --
(a) ...... ...... ...... ...... ...... ...... ......
(b) ...... ...... ...... ...... ...... ...... ......
(c) to obtain a declaratory decree or order, where consequential relief is prayed,
(d) to obtain an injunction ... obtain a declaratory decree with' a consequential relief or under Article 17 (iii). Schedule II, to obtain a declaratory decree where no consequential relief
declaratory decree of
the nature referred to in
Article I is obtained.
6 years
As above
(b) if such declaratory decree
is obtained
3 years ... running from the date on which
declaratory decree was passed. According to the High Court, as declaratory
decree was passed
those appeals arose, The following reliefs were prayed for:- (1) A declaratory decree to the effect that Bhumidari declaration mentioned in para 10A regarding said ... plaint:- "THAT the plaintiff prays for the following decree with costs:- (i) Declaratory decree:- "That the khasra girdawri entry of the year
decree which resulted in a preliminary decree. The Full Bench pointed out that the reliefs claimed were something more than a mere declaratory decree ... form of the decree was a decree setting aside the previous decree and declaring that the agreement of compromise and the decree based upon
declaratory decree of the nature referred to in Article 1 is obtained
6 years
As above
(b) if such declaratory decree is obtained
3 years ... declaratory decree is obtained
3 years
The date on which the right to sue accrues, or the date on which the declaratory decree is obtained
cancellation of a decree or for the setting aside of that decree in addition to a declaration that the decree is not binding upon ... obtain a decree or order where a consequential relief is prayed or is the case one where he seeks a more declaratory decree without praying