void and hence not binding upon him,
and if a declaration simplicitor is prayed then he is not
required to pay ad valorem court ... valorem court-fee is not payable and he can
claim declaration simplicitor for which court-fee under
Article 17(iii) of Schedule-II would
void and
hence not binding upon him, and if a declaration simplicitor is
prayed then he is not required to pay ad valorem court ... valorem court-fee is
not payable and he can claim declaration simplicitor for
which court-fee under Article 17(iii) of Schedule-II would
void and
hence not binding upon him, and if a declaration simplicitor
is prayed then he is not required to pay ad valorem court ... valorem court-fee is
not payable and he can claim declaration simplicitor for
which court-fee under Article 17(iii) of Schedule-II would
Hindu
Succession Act, 1956?
vi) Whether the suit for declaration simplicitor without
consequential relief of possession is maintainable?
vii) Whether the valuation is made ... decide two additional issues viz., a) whether the
suit for declaration simplicitor is maintainable; and
b) whether the court fee paid is correct
record. He further contended that the suit is not one for
declaration simplicitor as they are seeking declaration
to themselves and to declare that
judgment rendered by
23
the Court in the previous suit (for declaration simplicitor).
Taking any other view will render the last part of Article
suit land. Therefore, the suit as filed by the plaintiffs
for declaration simplicitor was not at all maintainable and in case any
precedent ... suit does not seek possession of
these properties but merely claims a declaration that he is the owner of
.
the suit properties, the suit
pukur' having been retained by such vendor, and a declaration
simplicitor having been prayed for by the appellant, the suit was well-nigh
maintainable
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
court shall make any such declaration where the plaintiff,
being able to seek further relief than a mere declaration of title, omits ... case as already observed above plaintiff by
seeking the relief of declaration simplicitor of being a joint owner will
still not be seeking the requisite
