Relief Act is not
exhaustive of the cases in which a declaratory decree may be
made an courts have power to grant such a decree ... should be open to objection on the
ground that a merely declaratory decree or order was sought
thereby, and it would be lawful
except the term as regards
period.
The settlement deed, the 1971 declaratory decree and the Will
8. During the pendency of the above proceedings ... specifically to the settlement deed dated 25 th
September 1968, the declaratory decree dated 30th April 1971, the Will
dated 12th
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 ... decree relied upon by the plaintiff is not a good
law or court granting such decree did not have the jurisdiction to
grant such decree
thus :
"(iv) -- In suits --
(a) ...... ...... ...... ...... ...... ...... ......
(b) ...... ...... ...... ...... ...... ...... ......
(c) to obtain a declaratory decree or order, where consequential relief is prayed,
(d) to obtain an injunction ... fell under Section 7(iv)(c) and were to obtain a declaratory decree with' a consequential relief or under Article 17 (iii). Schedule
said Act reads as under:
" 8. Benefit of declaratory decree: When any
person obtains a decree declaring that an alienation
of ancestral immovable property ... binding on the plaintiff
according to custom
(a) if no declaratory decree of
the nature referred to in
Article I is obtained.
6 years
those appeals arose, The following reliefs were prayed for:- (1) A declaratory decree to the effect that Bhumidari declaration mentioned in para 10A regarding said ... what we generally find is that the plaintiff prays for a declaratory decree in his favor and against the Gaon Sabha to the effect that
cancellation of a decree or for the setting aside of that decree in addition to a declaration that the decree is not binding upon ... form of the decree was a decree setting aside the previous decree and declaring that the agreement of compromise and the decree based upon
decree, and the latter has merged in the final decree, we consider that the cancellation of the compromise, preliminary decree and the final decree ... cancellation of a decree or for the setting aside of that decree in addition to a declaration that the decree is not binding upon
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
