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
being made parties to the suit?
2. Whether the suit for negative declaration is maintainable
in view of Section 34 of the Specific Relief ... that the suit is not maintainable as it is one for negative
declaration. He would point out that the purchasers of the property
1996, the plaintiff prayed for a negative declaration that the defendant has no right or title over the suit property and sought an injunction restraining ... negative prayer has a direct bearing or impact on the Plaintiff. The relief sought for negatively plaintiff. But in the present case, the negative relief
negative declaration. Hence, he prayed for confirming the judgment and
decree of the trial Court.
15.We have considered the submissions made on either side ... Analysis:
16.The plaintiff has filed the present suit seeking a negative declaration
that the first defendant is not her legally wedded wife
Courts below concurrently found that the
plaintiff was seeking for a negative declaration to the effect that
the defendants have no right to enter into ... after taking into
consideration various judgements, found that the relief of
negative declaration is unsustainable in law.
https://www.mhc.tn.gov.in/judis
Selvaraj vs Koodankulam Nuclear Power Plant India ... on 16 July, 2021
Author: N.Seshasayee
Bench
been accepted upon by the parties, whether the suit for negative declaration as prayed for is not maintainable.
b)Whether valuation of the claim under ... held that, in the peculiar circumstances of this case, the negative relief of declaration sought for by the plaintiffs is not maintainable. Therefore, the plaintiffs
allow the counter-claim keeping in mind the prayer of a negative declaration in the plaint. However, in the instant case, the counter-claim
State Bank Of India vs The Tax Recovery Officer on 1 September, 2022
Author: Mohammed
available in
her favour?
(iv) Is not the suit maintainable for negative declaration by the
appellant when her civil right is disputed or affected
