year 2005.
Learned counsel further submits that suit for declaration
simplicitor was not maintainable because no other relief was
claimed by the respondents. In view ... along with declaration thus suit was dismissed.
I have gone through the suit preferred by the respondents.
It was not for declaration simplicitor
submitted that in absence of a
prayer for declaration, the suit simplicitor for injunction was not
maintainable. Dismissal of the suit, therefore, was prayed ... submitted that in
absence of a prayer for decree of declaration, the suit simplicitor
for injunction was not maintainable. He, therefore, prays that the
civil
submits that the suit filed by
the plaintiff simplicitor for injunction in absence of prayer for
declaration was not maintainable. He, therefore, prays that ... defendants that in
absence of a decree of declaration, the suit simplicitor for
injunction was not maintainable is misconceived and does not
merit acceptance
without seeking declaration as to his status as a tenant, a suit for injunction simplicitor will not be maintainable. It has been submitted that ... declaration of khatedari rights based on their purported oral purchase from the defendants, but one for injunction simplicitor. A Division Bench of the Board
Radhe Shyam Son Of Shri Kanhaiyalal vs Shri Kesar Devi on 11 October, 2022
Author
wide and has instituted simplicitor civil
suit for permanent injunction, therefore his suit for permanent
injunction without declaration cannot be held to be maintainable.
(Downloaded
declaration as contemplated under Section 6 simultaneously and it was further permissible to publish both the notifications simultaneously. But after the amendment a declaration ... Notification" in Sub-section (4) of Section 17 read simplicitor clearly indicate that declaration under Section 6 had to be made after the publication
case of Anathula
Sudhakar (supra), the suit simplicitor for permanent injunction in
absence of a relief of declaration was not maintainable.
Since, the civil second
aforesaid facts;
where the plaintiff instituted a simplicitor suit for permanent
injunction, without claiming any declaration or partition of his
share
submits that
in view thereof, the suit simplicitor for injunction in absence of the
relief of declaration was not maintainable.
(Downloaded on 11/11/2023
