favour of the plaintiff. Relying on or on the basis
thereof a suit, having regard to the provisions of Order 12 Rule ... Harbans Kaur,
the admissions of the plaintiff negate her to claim a decree of declaration
claiming the suit property to be a joint undivided family
answered in the negative.
Nevertheless the suit was permitted to be revived.
14. The genesis of the present suit is the letter dated 24th January ... owner of the suit property. In
fact what is claimed in prayer (a) is a negative declaration that Defendant
Nos. 1 and 2 have
deal with the question of the maintainability of a suit for declaration and so far as that aspect of the matter is concerned the view ... Specific Relief Act in a suit for declaration of title to land and answered it in the negative. The learned judges observed
holding suits for
declaration under Section 34 of the Specific Relief Act to be maintainable
before the Civil Court and negating the plea ... matrimonial status of any person, the suit for declaration was held to be
maintainable. The same negates the reasoning through all the judgments
Coupled with finding that even if a suit for
injunction is dismissed, still a suit for declaration can be
filed, goes to show that ... declaration sought in a negative sense as the plaintiff has
not sought declaration of his title but in a way has
sought declaration, that
Relief Act permits a suit
for declaration simpliciter without asking for further relief; that the proviso
thereto prohibiting such declaration on omission ... negate the main section; it may be that
the subsequent suit may become barred under Order II Rule 2 of CPC but
the first suit
clearly bar the
filing of the suit.
13. In that event it was contended that suit for
declaration in any case would be maintainable whereby ... clearly provides the answer and negatives the
arguments of the plaintiffs learned counsel. No suit
for declaration is maintainable where an alternative
relief is available
decision in the Amritsar suit may not automatically lead to a
decree being passed in the Delhi suit. The Delhi suit would still have ... previous
suit would operate as a res judicata for the subsequent
suit. The previous suit is for a negative declaration that
the defendant herein does
pending.
9. Finding the primary relief claimed in the suit to be of declaration qua a
Will, I have enquired from the counsel ... plaintiff to seek a negative declaration with respect to the Will. The plaintiff
has not sought declaration of ownership. The suit is a device
seek a negative
declaration with respect to the Will.
2. In this case, the appellant/plaintiff had filed a suit seeking declaration
that the Will ... plaintiff to seek a negative declaration with respect to the Will.
The plaintiff has not sought declaration of ownership. The suit
is a device
