plaintiffs have failed to claim any consequential relief and the suit simplicitor for declaration challenging the legality of the said letter dated 22nd August ... crores. It is not a case of claiming the relief of declaration simplicitor, but in substance, is to enforce the agreement alleged to have been
substantive reliefs in themselves with the result that the relief of declaration simplicitor would attract fixed court fees under Schedule Ii and take the suits ... case the suit is for a declaration simplicitor it would be necessary for the Court to consider whether a consequential relief is implicit
Delhi) 200 on the
aspect of a suit for declaration simplicitor. However, I have found above that
the plaintiff is only seeking the relief ... Also laying down
that the suit for declaration simplicitor when the plaintiff is entitled to further
relief is not maintainable. However, as aforesaid the plaintiff
seem to be applicable.
12. A suit for the relief of declaration simplicitor is not maintainable as per the mandate contained in Section ... have no application : Article 58 applies only to a case where declaration simplicitor is sought, that is, without further relief.
15. A learned Single Judge
plaintiffs in both the matters have filed the suits for
declaration, partition, rendition of accounts, perpetual and mandatory
injunction, who are seeking the following reliefs ... 2491/2009 & 163/2010
(a) To pass a decree of declaration simplicitor thereby
declaring that the judgment/ decree /declaration dated
15.1.1976 passed in Suit
petitioner is that the present suit is not one for declaration simplicitor but in fact and substantively is a suit for cancellation of a registered ... challenged by the defendant and as such the suit was for simplicitor declaration on which the fixed Court fee could be paid
Will dated 17th
September, 1981. The plaintiffs have sought a declaration
that the restriction, contained in the Will dated 17th
September, 1981 on transfer ... taken a preliminary objection that the suit for
declaration simplicitor is not maintainable as the plaintiff
has not claimed any consequential relief. He has taken
suit as framed is maintainable?
(2) Whether the suit for declaration simplicitor without claiming relief of possession is maintainable?
(3) Whether the suit is properly ... findings returned by the learned Single Judge that a suit for declaration simplicitor, without claiming relief of possession was not maintainable, was questioned as being
Article applicable is Article 65 , as the suit is not for declaration simplicitor. Article 65 says :
"65. For possession When the posses-
of immovable ... suit for possession based on title. The mere fact that the declaration of title is also sought for therein does not bring it within Article
declaration that there existed a binding and valid contract
between the parties. Thus, it was a suit for declaration simplicitor and the
Court ... further. In K.G. Ringshia (supra), admittedly suit filed was
for declaration simplicitor and that too, to the effect that there was a
subsisting contract
