deed, but questioned the validity of
the same. Therefore, she sought negative declaration to
the effect that Court shall declare that Hucchappa ... 100102/2015
-22-
framing the issue placing the negative burden on the
plaintiff.
29. The plaintiff files the suit challenging the
adoption after the death
succinctly, to
grant in favour of the Petitioners a negative declaration that
no amount is due from the Petitioners to the Respondent
Bank;
Page
partition, the plaintiff
similar to the case on hand sought a negative
declaration with regard to the Will set up by the
defendants. The said ... suit
within Delhi Court's jurisdiction, the plaintiff sought
negative declaration which has no jurisdiction. In fact
that judgment fortifies the view taken
judicata for the subsequent
suit. The previous suit is for a negative declaration that
the defendant herein does not owe any money to the
plaintiff
around the frst property i.e. Exhibit-A1. A
positive and negative declaration is sought against defendant
no.41, in respect of the said property
negative
Issue No.3 : In the negative
Issue No.4 : In the negative
Issue No.5 : In the negative
Issue No.6 : In the affirmative ... negative
Issue No.8 : In the affirmative
Issue No.9 : In the negative
Issue No.10 : In the negative
Issue No.11: In the affirmative
negative
Issue No.3 : In the negative
Issue No.4 : In the negative
Issue No.5 : In the negative
Issue No.6 : In the affirmative ... negative
Issue No.8 : In the affirmative
Issue No.9 : In the negative
Issue No.10 : In the negative
Issue No.11: In the affirmative
therein a declaration that he is so
entitled'. Here the word 'entitled' clearly suggests that the plaintiff should seek
declaration about ... wordings of the section as discussed above, barring some exceptions, a
negative declaration for a third person cannot be sought from the court
case makes the prosecution case wholly
unreliable.
39. The dying declaration Exh. 35 negates this submission.
The dying declaration Exh. 35 does not show that
under the scheme. Sub section (1) provides a
negative list of persons ineligible to make a declaration.
Except those persons, all other persons shall
