pass an
interim order on the following grounds :-
(a) A negative declaration is not maintainable under Section 34 of the Specific
Relief ... further submitted that the findings of the Learned Judge that negative
declaration is not maintainable is erroneous and misconceived on the ground that there
another
contention relating to the nature of relief being a negative
declaration. The Family Court has referred to explanation ... said section. The Court in its order has
observed that a negative declaration is sought for and in
terms of the judgment of the Division
barred by Section 34 of the Specific Relief Act, particularly since
negative declaration was not permissible; and thirdly, that prayer (a) of the plaint ... petitioner next argues that relief (b) of the plaint seeks a negative
declaration, which is barred by law.
9. It is contended further that
passed in WP.5405-24/2005 and
also to grant a negative declaration that he has no manner of
right or title over the suit ... their respective items of the suit schedule properties. More
interestingly their negative declaration is that defendant No.2
has no manner of right or title
very smart and nifty manner. They
sought positive as well as negative declaration. According to them,
though they had the Bhoomidar rights but the defendant ... seek a
declaration to that effect. They also have sought a negative
declaration that it be declared that the defendant company was
having no right
learned senior counsel appearing for the appellant
argued that negative declaration made by the High Court on the
constitutionality of Section 12 was totally uncalled
allow the counter-claim keeping in mind the prayer of a negative
declaration in the plaint. However, in the instant case, the counter-claim
Selvaraj vs Koodankulam Nuclear Power Plant India ... on 16 July, 2021
Author: N.Seshasayee
Bench
part, we fail
to understand the need for claiming such a negative
declaration. After all, the plaintiff can sue for partition,
rendition of accounts ... making of such an
oral will and the validity thereof. The negative declaration
sought for by the plaintiff appears to us to be totally
superfluous
deal with the matter. According to the High Court, a negative declaration
was outside the jurisdiction of the Family Court.
3. Heard the learned counsel ... whether it is an affirmative relief or a negative relief.
What is important is the declaration regarding the matrimonial status.
Section 20 also endorses
