Court as
to how the plaintiffs could have sought a negative
declaration to direct the defendants not to recover ... consideration:
"Whether both the Courts erred in granting
a negative declaration declaring that the
defendants are not entitled to recover
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
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
allow the counter-claim keeping in mind the prayer of a negative
declaration in the plaint. However, in the instant case, the counter-claim
year, and there was no reason, therefore, for asking for a negative declaration regarding the big nets of the defendants, as they had themselves ... them rendered it unnecessary that they should ask for any such negative relief. In my judgment, therefore, the argument as to relinquishment is without substance
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
allow the counter-claim keeping in mind the
prayer of a negative declaration in the plaint.
However, in the instant case, the counter-claim
fact situation in the instant case.
The plaintiff has prayed for a negative relief in
the plaint. In the plaint schedule the
measurement ... defendants particularly when the prayer of
plaintiff is for a negative declaration. By
allowing the counter claim the public time will
be saved, the hardship
