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possession and their remedy was to file a suit for declaration and consequential relief. The High Court, in a second ... facts, plaintiffs ought to have filed a suit for declaration of title and injunction ? (iii) Whether the High Court
Supreme Court of India
- Cites 7 - Cited by 108 - R Raveendran - Full Document
father. The said Muslim female members filed a suit for declaration that they were entitled to enjoy the properties ... mere declaration was not maintainable. Held, that a suit for declaration of rights with a consequential relief for injunction
Supreme Court of India
- Cites 7 - Cited by 62 -
1961 AIR 808
- S C. - Full Document
case are that the plaintiffs filed the present suit for declaration possession and injunction on 12.02.2009 which came up before ... Article 58 of the Limitation Act a suit for declaration has to be filed within a period of three years
Delhi High Court
- Cites 20 - Cited by 1 - V.K.Shali - Full Document
desire to have it treated as a suit for declaration and not as one for cancellation should not be given ... cancellation (Sections 39 and 40) as distinct from suits for declaration (Section 42). Before the passing of the Specific Relief
Allahabad High Court
- Cites 16 - Cited by 0 -
AIR 1935 All 817
- Bennet - Full Document
Limitation Act, 1963--Article 113--Application Suit for declaration of continuance in service by an illegally dis- missed employee after ... years--Barred by limitation. Civil Service--Dismissal--Illegal--Suit for declaration of continuance in service--Whether Article 113, Limitation
Supreme Court of India
- Cites 14 - Cited by 112 -
1991 AIR 2219
- K Shetty - Full Document
substance of the plaint that it is a suit for declaration and consequential relief if relief cannot be given without ... execution of that decree was not a mere suit for declaration though cast in a declaratory form but in substance
Karnataka High Court
- Cites 41 - Cited by 0 -
AIR 1955 Kant 65
- Medapa - Full Document
suit schedule land. 9 Therefore, plaintiffs instituted the suit for declaration and also for permanent injunction restraining the defendants, their ... have stated that the suit is not maintainable. The plaintiffs have sought for relief of declaration that they
Karnataka High Court
- Cites 14 - Cited by 0 - C.R.Kumaraswamy - Full Document
cannot pursue the claim for declaration without obtaining leave of the Court in Admiralty Suit No. 58 of 1998 under ... will not be pressing for the relief of declaration in Admiralty Suit No 58 of 1998, provisions of Order
Bombay High Court
- Cites 18 - Cited by 2 -
AIR 2000 Bom 34
- S Nijjar - Full Document
Specific Relief Act, a suit for a declaration is not maintainable if the plaintiff being able to seek further relief ... specific relief claimed in the garb of a suit for a declaration without a consequential relief cannot help the plaintiff
Madhya Pradesh High Court
- Cites 14 - Cited by 1 -
AIR 1967 MP 221
- Naik - Full Document
that he is the proprietor qf the suit land, asks for the declaration that he is entitled to bhumidari rights ... court below and decree the suit. The plaintiff-appellant is entitled to a declaration that the order of the Revenue
Delhi High Court
- Cites 11 - Cited by 1 -
ILR 1973 Delhi 984
- A Behari - Full Document
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