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
Whether the defendants paid Rs. 10,000/- after the declaratory decree to Partap Singh etc., mortgagees? If so, to what effect?OPD
3. Relief ... from the mortgagees and can they claim the same despite the declaratory decree? OPD
8. Relief.
9. Thereafter, the plaintiffs moved an application
will not be attracted. In a suit to obtain declaratory decree where no consequential relief is prayed, Sub-clause (iii) of Article 17 of Schedule ... attracted. Section 7(iv)(c) clearly contemplates suits to obtain the declaratory decree or order where consequential relief is prayed. It further provides that
plaint i.e. when the relief is to obtain a declaratory decree or order and where consequential relief is prayed for. By virtue of Court ... plaint or memo of appeal in the suit to obtain declaratory decree where no consequential relief is prayed shall carry a fixed court
possession would not be
maintable on the basis of a declaratory decree as the declaratory
decree did not convey any title in favour ... continued to be in
possession of the property even after the declaratory decree
obtained by the reversioners because of the enlarged rights she got
under
each of the following suits :
(i) ....
(ii)....
(iii) to obtain a declaratory decree where no consequential relief is prayed in any suit, not otherwise provided ... suits next hereinafter mentioned shall be computed as follows :
....
....
....
....
For a declaratory decree with consequential relief.... (iv) In suits
....
(a) to obtain a declaratory decree
awarded to the petitioner. The petitioner has also prayed for a declaratory decree that the agreement dated 29th July, 2006 is subsisting, valid and binding ... petitioner is apparently distinguishable as he is claiming a declaratory decree, recovery of possession of the premises to execute his contract and a prohibitory injunction
should have declared it as a protected system only after obtaining declaratory decree from the civil court. In the writ petition as well ... that the Government. should get any declaratory decree of copyright from District Court under Section 60 of the Copyright Act before issuing notification declaring
each of the following suits:
(i) ...
(ii) ...
(iii) to obtain a declaratory decree where no consequential relief is prayed in any suit, not otherwise ... suits next hereinafter mentioned shall be computed as follows:
For a declaratory decree with consequential relief...(iv) In suits...
(a) to obtain a declaratory decree
seek consequential reliefs, does not disentitle the plaintiff to seek declaratory decree because the plaintiff has a recurring cause of action for enhanced rate ... Relief Act is not exhaustive of the cases in which a declaratory decree may be passed and the Courts have power to grant such
