under:
"14. .......There is a big gap between the declaration simplicitor and relief in the garb of declaration. If a person makes a prayer ... seeks any declaration to dis entitle others right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
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
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
judgment rendered by
23
the Court in the previous suit (for declaration simplicitor).
Taking any other view will render the last part of Article
Specific Relief Act, 1963 bars a suit for declaration
simplicitor where a plaintiff is entitled to further relief. The counter-claimant
thus, even if were ... held to be entitled to the relief of declaration
claimed, was also required to seek consequential relief of possession, by
Counter Claim No.12/2014
applies only in cases where it is a suit
for declaration simplicitor.
24. Learned counsel for petitioner submits that
reckoning of the common limitation
notwithstanding the fact that the suit is filed for
the relief of declaration but the suit is in respect of an
immovable property, Article ... seem to be applicable.
12. A suit for the relief of declaration simplicitor is not
maintainable as per the mandate contained in Section
supra) relates to a case
regarding maintainability of a suit for declaration
simplicitor.
The issue involved in the present case was not at all
identical
Part III- Suits Relating to Declarations
58. To obtain any other
declaration Three years When the right to sue
first accrues ... also
say that Article 58 applies only to cases where declaration
simplicitor is sought without any further relief. In this
case, we found that
prayer for prohibitory injunction is legally
incompetent, can a suit for declaration simplicitor be maintained?
Secondly, is a suit, without a prayer for recovery ... strength of title, the plaintiff cannot maintain a suit for
declaration simplicitor. The suit is bad for non-joinder of necessary parties.
From the facts
