tried in the suit arising from the pleadings in the plaint. By prayer (d) the plaintiff is seeking to exercise its possessory right ... possessory right being involved in the said prayer. Prayers (a), (b) and (c) of the plaint are reliefs for specific performance of the said agreement
this prayer is consequential to the prayer clause (bb), prayer
clause (cc) is also barred by law of limitation.
43. Insofar as the prayer clause ... amendment in respect of the said
prayer was allowed on 8th February 2007. Prayer clause (a) of the
plaint is seeking joint possession
CUBL was with a prayer to strike off prayer limbs 1 to 3 from the
plaint saying the same is barred vide Section ... tantamounts to granting the entire relief in the plaint. A
bare reading of the plaint prayer brings to light that this
submission cannot but fail
prayer for permanent injunction in terms of prayer 'b'. We do not see any reason why such a prayer should not be granted ... second prayer was for recovery of possession. The learned single Judge, on the basis of the prayer made in the plaint for recovery of possession
alluded to supra, though there are prayer plaint averments
touching upon the artistic work, the plaint prayer is restricted to injunctive
relief qua Trade mark ... infringement. Plaint prayer paragraph is paragraph 28
and the same reads as follows:
'28. In these circumstances it is humbly prayed that this
dated 09.10.2006, as stated in para no. (iii)
of the prayer in the plaint? OPP
7. Whether the plaintiff is entitled for the decree ... stated in para no. (iv) of
the prayer in the plaint, if yes, then at what rate and for what
period? OPP
Suit
only though as a matter of fact there is a prayer in the plaint for a declaration of his title. The court in such ... suit for possession in spite of there being in the plaint a prayer for declaration as well as lor possession. As Section
obtain several reliefs against defendants Nos. 2 to 7. By prayer (a) of the plaint, the plaintiffs have prayed that defendants ... absence of prayer for final reliefs in terms thereof or in a situation when prayer (a) of the plaint is in the nature
terms of prayers in the plaint.
26. I may observe here that in the plaint, prayer clause (E) sought relief in
the alternative ... terms of prayer clauses (A) to (D), since these are the very prayers which
the Kotharis sought in the plaint. The notice of motion
relief of specific performance as prayed in the plaint. Undoubtedly, the prayer made in I.A. No. 134/1998 was never pressed.
In any case ... only to repeat the prayer, which it had already made in para 14(c), in the prayer clause of the plaint.
In the light
