plaintiff is seeking a negative declaration that no marriage was
solemnized between the plaintiff and the defendant. Such a negative
declaration cannot be granted under ... Thus, there was a bar to
the Suit seeking negative declaration. Resultantly, the Plaint was liable
to be rejected under Order VII Rule
Abdul Hameed Sait And Anr. vs The Provident Investment Co. Ltd. And ... on 22 February
hence the plaintiff cannot be permitted
to file a suit for negative declaration.
26
28. According to him, even if the plaintiff has
acquired ... suit for specific
performance of the contract in the manner known to law,
the plaintiff cannot maintain a suit for negative declaration
to declare that
Specific Relief Act, 1963, to sustain the plaintiffs'
suit for a negative declaration of ownership in
favor of the government ... suit for declaration, the plaintiff must rely on his own
right. The plaintiff cannot seek a declaration in a negative
form regarding the defendant
there was no need for plaintiffs to
file a fresh suit (present suit) seeking declaration that defendants were not having any
right, title or interest ... declare the
person has right over the property. Therefore, any suit filed for negative declaration
that the other person is not having right cannot
appellants would
contend that the relief sought in the suit is a negative
declaration and such a relief cannot be granted under
Section ... therefore, the plaintiff
has filed the suit seeking declaration. He contends
that the suit is maintainable even though negative
declaration is sought for. The suit
Part-Ii
1
Chapter - I
Introductory
The 69th Report of the Fifth Law Commission India
Krishna Murthy S vs Ganganarasaiah on 4 January, 2024
KABC010175932001
IN THE COURT OF THE
filing of the suit. It is further submitted
that in any case apart from the relief of the
negative declaration sought by the plaintiff ... negative declaration was not
maintainable. The plaintiff should have sought a
positive prayer for declaration of his right and title
in the suit property
Selvaraj vs Koodankulam Nuclear Power Plant India ... on 16 July, 2021
Author: N.Seshasayee
Bench
