leaves it in the discretion of the Court to grant a declaratory decree, and as Section 43 of that Act makes the decree ... plaintiff.
1 Declaratory Suit.
[ Section 15 : No suit shall be open to objection on the ground that a merely declaratory decree or order is sought
suit in which the plaintiff in terms prays for a declaratory decree and consequential relief prima facie comes with in Clause 4, Sub-clause ... declaratory decree that a decree passed against the plaintiff is not binding on him and for an injunction restraining the decree-hold-ers from executing
shall be computed
(iv) in suits
(e) to obtain a declaratory decree or order where consequential relief is prayed;
(d) to obtain an injunction ... shall be computed
(iv) in suits
(c) To obtain a declaratory decree or order where consequential relief is prayed;
(d) to obtain ah injunction
would have had to be treated as a suit for a declaratory decree. There was nowhere else in the' Court Fees Act for such ... contention was that the suit was one for a declaratory decree, that it came under Section 7 , Clause (iv)(c) of the Court Fees
instituted a suit for
possession on the basis of a previous declaratory decree wherein she had
been held to have ownership right of the property ... case would constitute as a principle of res judicata. The first
declaratory decree in favour of Tikami was granted on the basis of a
limited
Chief Controlling Revenue Authority is whether it is a case of declaratory decree with consequential relief in terms of Section ... consequential relief" simply means a relief which flows from the declaratory decree and the relief which cannot be granted until the declaratory relief
tiled challenging the order
of the Civil Judge. Neemuchi executing a declaratory decree and that of the
Additional District Judge, Mandsore upholding in revision ... Order II Rule 2 of the Code of Civil
Procedure .
A declaratory decree merely declares the right of the decree holder
question whether the rights of a
reversioner to get a declaratory decree stands frustrated after coming into
force of the Hindu Succession Act the real ... decree it It was held that the appellant was
entitled to recover possession in terms of the compromise decree arrived
between parties. The appellate decree
decree that the plaintiff will be entitled to sell the property charged for the payment of the maintenance in execution of the decree. This decree ... decree could not be executed by sale of that property and, in any case, the decree, being merely a declaratory decree, could not be executed
25th February,
1972 on the basis of the declaratory decree
obtained by them which was confirmed upto
the High Court vide copy Exhibit ... decree
and such decree is contrary to the law
prevailing at the time of its consideration as to
its legality or is a decree granted
