three immovable properties. The Trial Court held
that the suit for declaration simplicitor in respect of
Digitally
signed by
SUMIT
SUMIT DALAL
DALAL Date ... admission made by
the plaintiff himself.
B. Whether Suit for Declaration Simplicitor is Maintainable
23. The crucial question in this appeal is whether a suit
plaintiff on the other hand has stated that
he is seeking declaration simplicitor and for declaration simplicitor,
the plaintiff is at liberty ... Counsel for the plaintiff is not tenable.
The suit is simplicitor declaration when the other reliefs that are
sought by the plaintiff can be given
under:
"14. .......There is a big gap between the declaration
simplicitor and relief in the garb of declaration. If a
person makes a prayer ... property in his favour then it can be construed as
declaration simplicitor but when a plaintiff seeks any
declaration to dis entitle others right into
rather illegal
which has resulted in this perversity of passing a
declaration simplicitor in favour of the respondent
No. 1.plaintiff which ... further relief and that relief is not
claimed then mere declaration simplicitor cannot be
granted and thePrintedsuit in such a contingencies
itself is not maintainable
defendant no. 1 to 5?
OPDs
6. Whether the suit seeking declaration simplicitor without
consequential relief is not maintainable as against defendant ... favour of the plaintiff.
Issue no. 6
Whether the suit seeking declaration simplicitor without
consequential relief is not maintainable as against defendant
have gone
through the file.
3 The present suit for declaration Simplicitor was filed by the
Page 2 of page 9
Suit ... been added in the
plaint. Thus, this being a suit for declaration simplicitor is time barred.
This is one aspect. Now, I take the issues
payment of proper court fees and (iii) suit for
simplicitor declaration without consequential relief is not
maintainable.
RCA SCJ No. 4/2025 NEERAJ SAXENA ... filed
the suit in hand before the Ld. Trial Court for declaration
simplicitor to declare the said rent agreement of the suit property
as null
trustee."
Plaintiff herein in present suit is seeking simplicitor declaration of a status and is not
seeking any consequential relief. Plaintiff has relied upon ... maintainable.
Thus plaintiff being out of possession cannot seek simplicitor declaration and permanent
injunction.
Plaintiff in present suit is admittedly out of the possession
simply not
maintainable since it is in fact a suit for declaration
simplicitor and the relief of mandatory injunction does not
really have any meaning ... wherein it has been clearly held
that the suit for declaration simplicitor without seeking
consequential relief of possession is not maintainable.
9. I have carefully
Issue no. 6 Whether the suit of the plaintiff for simplicitor declaration is
liable to be rejected?OPD
Issue no. 8 Whether the suit ... fact as the present suit as
framed is one for simplicitor declaration and injunction".
In these circumstances, issue of limitation is left open
