plaints in suits to obtain a declaratory decree where no
consequential relief is prayed for. But where the suit is for a
declaration and consequential ... 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
shall decide the present suit filed by the
plaintiffs seeking a declaratory decree that their father namely Sh.
Karodimal @ Kirodi be declared as dead ... been filed.
13. The jurisdiction of civil court to grant declaratory decree flows
from Section 34 of Specific Relief Act, 1963. Section 34 of Specific
Specific Relief Act,
1963 in granting standalone declaratory decree. In that case, the trial Court
had come to a conclusion that the plaintiff ... Specific Relief Act, 1963 in granting standalone
declaratory decree. The Trial Court came-to-a-positive finding
that the original plaintiff was the owner
dismissed the
suit instituted by the appellants/plaintiffs seeking a declaratory decree
coupled with consequential relief of permanent injunction.
1 of 10
::: Downloaded ... note that the
appellants/plaintiffs instituted the present suit seeking a declaratory decree,
asserting their absolute ownership and possession over agricultural land
measuring 30 kanals
public pathway, the trial court erred in not granting the
declaratory decree. He further relied on the communications
issued by the Municipality to the effect ... suit is proper or not. Admittedly,
the plaintiffs claim a declaratory decree against the defendants 1
to 4 that the pathway in question
ground that it is joint
family property,
for a declaratory decree and consequential relief.-( c) to obtain a
declaratory decree or order, where consequential relief ... Section 7(iv)(c) provides that in suits for a declaratory
decree with consequential relief, the court fee shall be computed
according to the amount
relegate the parties to the competent Civil Court to get a
declaratory decree as, under the provisions of the Tamil Nadu Patta Passbook ... appellant / writ petitioner can
approach the civil Court to get the declaratory decree, as against which order the
present writ appeal has been filed
Section 7(iv)(c) pro-
vides that in suits for a declaratory decree with consequen-
tial relief, the court fee shall be computed according ... proviso thereto makes it clear that where the suit for
declaratory decree with consequential relief is with reference
to any property, such valuation shall
Section 7(iv)(c) provides that in suits for a declaratory
decree with consequential relief, the court fee shall be
computed according to the amount ... proviso thereto makes it
clear that where the suit for declaratory decree with
consequential relief is with reference to any property, such
valuation shall
found about the
missing person. The plaintiffs hereby to seek a declaratory decree
for the death of Mr. Rajender Kumar Sharma, as essential ... improperly alienated by the Shebait,
but they can be granted a declaratory decree that the
alienation is not binding on the deity (See
for example
