Forum constituted under the Act has no jurisdiction to pass any declaratory decree and as such the prayer (a) in the prayer clause
Forum constituted under the Act has no jurisdiction to pass any declaratory decree and as such the prayer (a) in the prayer clause
ground Ld. Forum below did
not have any authority to pass any
declaratory order . In citing the order of the Honble National Consumer Disputes
Redressal ... emphasized that District Forum has no jurisdiction to
pass any declaratory decree . In the present case Ld. District Forum has, going
beyond their jurisdiction, decreed
insured and
respondent No.1. Now appellant has obtained a Declaratory Decree
in her favour from a Competent Court and it has been declared that ... fresh claim before the Insurance Company, on the basis of such
Declaratory Decree and Insurance Company may consider such claim.
If such claim is repudiated
possession undoubtedly bars the discretion of the Court in
granting the decree for
declaration. The Court has held that
merely because the plaintiff says ... property
sold by the deed to the defendants, the suit for declaratory relief filed by
the plaintiff was clearly not maintainable.
14. Second
Specific
Relief Act, 1963. Hence, the suit filed by the plaintiff seeking
declaratory relief as prayed in the plaint is wholly misconceived ... trial court or by
the High Court. Therefore, the impugned judgment, decree and
IV (2016) CPJ 186 (NC) HARYANA URBAN DEVELOPMENT
AUTHORITY
Specific
Relief Act, 1963. Hence, the suit filed by the plaintiff seeking
declaratory relief as prayed in the plaint is wholly misconceived ... trial court or by
the High Court. Therefore, the impugned judgment, decree and
IV (2016) CPJ 186 (NC) HARYANA URBAN DEVELOPMENT
AUTHORITY
Specific
Relief Act, 1963. Hence, the suit filed by the plaintiff seeking
declaratory relief as prayed in the plaint is wholly misconceived ... trial court or by
the High Court. Therefore, the impugned judgment, decree and
IV (2016) CPJ 186 (NC) HARYANA URBAN DEVELOPMENT
AUTHORITY
Specific
Relief Act, 1963. Hence, the suit filed by the plaintiff seeking
declaratory relief as prayed in the plaint is wholly misconceived ... trial court or by
the High Court. Therefore, the impugned judgment, decree and
IV (2016) CPJ 186 (NC) HARYANA URBAN DEVELOPMENT
AUTHORITY
flat of the petitioner in respect of which the Complainants filed a declaratory suit before the Ld. Civil Judge Senior Division 2Nd Court at Barasat ... instituted by the Land Owners praying for a decree of specific performance of agreement and therefore to deliver the allocation of the land owners