negative declaration before a competent Court of lowest grade of jurisdiction and that the petitioner was not entitled to the relief claimed in the suit ... competent Court to entertain all kinds of civil suits, including the kind of suit for negative declaration that there was no marriage
forthwith release the film negative of Bauma Zindabad and for other consequential reliefs.
4. The defendant No. 5 filed a suit in Delhi High Court ... company as well as for a declaration of the charge on the said film negative. The said suit was filed as against the plaintiffs herein
submitted that there was no negative covenant stipulated in the contract. In the absence of any Clause containing the negative agreement, there was no occasion ... Trial Court to implement the negative agreement, as urged by Mr. Bachwat.
13. The suit for declaration was filed by Bijul Pharma-Chem
that time
the suit had been long decreed between 11th and 15th December 2014.
If the suit had been decreed ex parte on the ground ... this application.
Now suppose the suit goes to trial. The claim of the plaintiffs is a
negative declaration that they are not entitled to make
former suit for rent, the question is whether they operate as res judicata in the present suit for declaration of the plaintiff's title ... question ought to be answered in the negative.
11. To make the judgment in the former suit conclusive in this, it must be shewn that
suit was in essence one for a declaration that the defendants did not have the right they claimed, not a suit for declaration ... think, therefore, that the suit could be held to be not maintainable as merely asking for a negative declaration against the defendants.
5. Turning
Raj Kumar Ghosh & Anr vs Jayashree Ghosh & Ors on 16 August, 2018
Equivalent
issues raised in the suit. If the answer
is in the affirmative, then I have to hold that the instant suit is barred ... answer in the negative it cannot be said that
the suit is not maintainable.
(48) The plaintiffs have claimed a declaration that the deed
suit maintainable in law and in fact?
2. Is the suit barred by limitation?
3. Whether the Plaintiff no. 1 entitled to the negative declaration
suit was in the negative, and the subsequent title suit did not question this decision at all. Bather the basis of the subsequent title suit ... suit for declaration that the third party and not the plaintiff in the rent suit was his landlord. It was held that the suit
