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
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
land for his personal benefit. The
relevant portions of the declaratory decree are
reproduced hereunder:
"The plaintiffs have pleaded that they were
Pujaries ... their costs of the suit."
18. The said declaratory decree was recorded in the
Jamabandi of Village Bahapur of the year 1949-1950
through
second suit for a relief which directly flows from the declaratory decree can hardly be warranted. A direction to pay arrears of salary "only ... quashing of the termination. order or the grant of the declaratory decree", the Full Bench held. The Full Bench followed the Supreme Court casein
follows:
(iv) in suits - x x x x (c) for a declaratory decree and consequential
relief.- to obtain a declaratory decree or order, where consequential ... plaints in suits for a declaratory decree where no consequential
relief is prayed for. However, in the present case, the relief of specific
performance
Dinesh Gupta And Others vs Rajesh Gupta & Others on 16 November, 2018
Equivalent citations
hold that the claim is one merely for obtaining a declaratory decree. The difficulty arises only where he simply asks that it be declared that ... accordingly such a relief is not one merely for obtaining a declaratory decree but is for obtaining a mere substantive relief, which is not specifically
Court may be pleased to
:
(i) pass a declaratory decree declaring that Ms.Kiranjeet Kaur
Bhasin (defendant No.4) is not a trustee ... other affairs of the Board of Trustees;
(ii) pass a declaratory decree declaring that S.Jaswant Singh Jas
(defendant No.2) is not a duly
consequential relief of partition along with declaratory
reliefs. He submitted that the plaintiff has sought a decree for
declaration as the owner of the suit
Promila Bhagat vs Vijay Kumar Gupta (Deceased) Thr Lrs on 11 December, 2024
Author: Purushaindra
