definite finding. 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 disentitle others" right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
Special Bench held that where the plaintiff sues for a declaration
simplicitor that a sale-deed executed by his elder brother is not
binding ... void and hence not binding upon
him, and if a declaration simplicitor is prayed then he is not
required to pay ad valorem court
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
M/S Yogendra Dev Pandey Travelling ... vs Bhopal Sahkari Dugdh Sangh Maryadit on 28 May
consequential relief and unless and until
consequential relief is sought, the declaration simplicitor for setting
aside the termination was not maintainable in the light
determining
whether a suit is a suit for a mere
declaration or a declaration with
consequential relief Court must not be
carried away ... case the suit is for
a declaration simplicitor it would be
necessary for the Court to consider
whether a consequential relief is implicit
2434 of 2018
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
2503 of 2018
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
contention raised on behalf of the petitioner that
the suit for Declaration simplicitor without claiming consequential relief is
not maintainable, is not tenable ... under Section 34 of
the Specific Relief Act as a Suit simplicitor for Declaration, without any
consequential relief, is not maintainable. For which reliance
sought
by him. In absence of seeking possession of suit land, declaration
simplicitor of status or right cannot be sought in view of proviso
