application, the petitioner has stated that originally she sought for negative declaration before the Trial Court, which was rejected by the Trial Court ... Further, she has stated that when the respondents advanced arguments that negative declaration cannot be granted, she made ready an application seeking for amendment before
petition:
(a) That the application made by the Respondents seeking
'negative declaration' was barred by the law of limitation
prescribed under Section ... that all this indicates that the cause of action for seeking negative
declaration arose in January 1986 and the application made by the
Respondents seeking
plaintiff side moved an amendment application to
include a prayer regarding negative declaration to the effect that
defendants were not having roof rights over ... amendment carried
out in the plaint, a prayer for negative declaration in respect of roof right
was included. The prayer shows that it relates
suit land was clouded and accordingly they
instituted the suit for negative declaration that the defendants did
not acquire any easementary right over the suit ... present case. Here,
plaintiffs have come forward for a negative declaration that the
defendants have not acquired right of user
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
allow the counter-claim keeping in mind the prayer of a negative declaration in the plaint. However, in the instant case, the counter-claim
allow the counter-claim keeping in mind the
prayer of a negative declaration in the plaint.
However, in the instant case, the counter-claim
maintainable as in effect it may be a suit for negative declaration. If in a given case, without there being sufficient evidence to prove illegal
confirmation of possession. The plaintiff
did not make any prayer for negative declaration that the contesting
defendant did not have any right, title and interest
allow the
counterclaim keeping in mind the prayer of a negative
declaration in the plaint. However, in the instant case, the
counterclaim was purported
