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
filing a suit for declaration, he should
have filed a suit for specific performance. O.S. No. 68/2006
was not a suit for specific ... 2006 is seen, he also claimed a negative
declaration. No doubt a declaration in negative form
cannot be granted; but it is not always
note of the relief of declaration sought have
come to the conclusion that the plaintiff cannot seek
negative declaration.
8. The general power vested ... both the Courts were justified in
dismissing the suit. The plaintiff's suit seeking negative
declaration is not at all maintainable. Both Courts have
sale
deeds. Hence, the present suit for declaration and injunction.
2. Defendants were served with the summons of the present suit. On
appearance, written statement (hereinafter ... entertain the present suit. That
negative declaration cannot be sought by plaintiff, without seeking
positive declaration. That suit property has not been identified
Family Court lacks
jurisdiction to deal with the matter as a negative declaration was
outside the jurisdiction of the Family Court. The Supreme Court
after ... declaration in that regard had
to be sought only before the Family Court. The nature of the
declaration sought namely, affirmative or negative
Family Court lacks
jurisdiction to deal with the matter as a negative declaration was
outside the jurisdiction of the Family Court. The Supreme Court
after ... declaration in that regard had
to be sought only before the Family Court. The nature of the
declaration sought namely, affirmative or negative
The Idol Of Sri Renganathaswamy vs J.Sriram on 13 April, 2023
Author: G.Jayachandran
The Idol Of Sri Renganathaswamy vs J.Sriram on 13 April, 2023
Author: G.Jayachandran
time of filing of the above Suit by the Plaintiff,
admittedly the Defendants had not instituted the suit
17
for Infringement of their Copyrights. They entered ... fact that the Plaintiff had already instituted the Suit
for a negative declaration under Section 60 , without
any due diligence in the matter, they bring
plaintiff is not in possession of the property and dismissed
the suit of the plaintiff.
15. The unsuccessful plaintiff has filed the present
appeal ... negative. Thus the
impugned judgment suffers from such patent errors:
a) As seen from the reliefs asked in the suit,
the declaration sought
