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Harish Relan vs Kaushal Kumari Relan & Ors on 3 August, 2015 Author: Gita Mittal

suit properties and suit of the plaintiff, inasmuch as for declaration simplicitor, without claiming the consequent relief of possession and was not maintainable. Reliance ... Will executed by her husband and whether the suit for declaration simplicitor was maintainable. The execution of the Will was not disputed before me. Therefore

possession of the suit land the suit for declaration simplicitor would not lie. 6. The respondents filed an application under Order VII Rule ... sale-deed dated May 16, 1962 and therefore a suit for declaration simplicitor not being maintainable, we would highlight the legal position regarding a trust

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

limitation?" (ii) Whether the suit seeking the relief of declaration simplicitor is maintainable without seeking the relief of cancellation or rectification of the registered

present suit. The plaintiff was only required to seek a declaration that the said Will is void and is not binding on the plaintiff since ... suit property. Thus, had the suit been filed for declaration simplicitor, the plaintiff could have valued the suit as per the provision of Article

relief sought for in the instant suit is not for declaration simplicitor and consequential relief but in effect a decree for cancellation of the deed ... matter where the main relief claimed in the plaint relates to a declaration of the deed being fraudulent one and null and void with consequential

relief sought for in the instant suit is not for declaration simplicitor and consequential relief but in effect a decree for cancellation of the deed ... matter where the main relief claimed in the plaint relates to a declaration of the deed being fraudulent one and null and void with consequential

payment of Court fees in a declaratory suit where the relief of declaration has been sought by a party as under:- “14. In view ... valorem court-fee is not payable and he can claim declaration simplicitor for which court-fee under Article 17 (iii) of Schedule-II would

instrument is void and hence not binding on him and a declaration simplicitor is prayed for, he is not required to pay ad valorem court