issue of adoption or no adoption must, if of a merely declaratory nature, be brought within six years from the adoption, while yet the very ... Asari, if he had already obtained in a previous suit a decree declaratory of such title (Chagan Lal v. Bapu Bhai
that the decree was inexecutable inasmuch as it was merely a declaratory decree. The objections were overruled and the E.P. was allowed. The appeal ... construe a decree which is ambiguous held:
"The decree passed, at the worst could be said to be an ambiguous decree
deceased trustee a claim for contribution; (19) a suit for a declaratory decree, not being a suit instituted under [section 283] [Now see the Code ... Section 3. (19) a suit for a declaratory decree, not being a suit instituted under 2 section 283 or section 332 of the Code
years. (2) That limitation for a suit for possession (where no declaratory decree has been obtained) by contesting an alienation by a male or female ... period expires first. 7. Limitation on suits for possession where no declaratory decree has been obtained.
- Subject to the provisions of section
jurisdiction and competency of the Court to pass such a declaratory decree. If there is no such
competence in a Court, the decree passed will ... imagination be construed as a decree and therefore such a decree cannot be recognised, in law, as a declaratory decree.
17. Chapter
these terms :
"(iv) in suits -
* * * * *
(c) to obtain a declaratory decree or Order, where consequential relief is prayed,
* * * * *
43. The words used in Section ... condition. The relief must be asked for as incidental to the declaratory decree.
Section 7 (iv) (c) , Court-fees Act, contemplates a suit in which
seeking execution of the said decree, the plaintiff learnt
that formal decree had not been drawn. However, formal
decree drawn on 19.08.1972 on the basis ... summoning the file with
a decree sheet. It transpired that the decree was drawn and
the decree sheet was made ready on 19th August
cancellation of a decree or for the setting aside of that decree in addition to a declaration that the decree is not binding upon ... relief for the cancellation of a decree or for the setting aside of a decree is not a declaratory relief only. They certainly said that
plaints in suits to obtain a declaratory decree where no consequential relief is prayed for. But where the suit is for a declaration and consequential ... shall be computed as follows :
(iv) in suits -
(c) for a declaratory decree and consequential relief - to obtain a declaratory decree or order, where consequential
whether it is competent to the civil Court to suspend a declaratory decree in exercising of its inherent powers under Section ... operation of a decree for declaration because while defining 'Decree' CPC does not make any difference between a declaratory decree or non-declaratory
