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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 5 - Cited by 354 - 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 9 - Cited by 49 - 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 18 - Cited by 6 - 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 30 - Cited by 14 - 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 15 - Cited by 119 - 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 49 - Cited by 10 - Full Document
amended in U. P. In both the suits, reliefs for declaration and injunction have been prayed for. The contention ... injunction and possession when prayed for in a suit for declaration, have been held to be consequential reliefs
Allahabad High Court
- Cites 31 - Cited by 17 - Full Document
person may institute a suit for a declaration that the use by him of any process, or the making ... costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special
Central Government Act
- Cites 0 - Cited by 16
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 11 - Cited by 0 - Full Document
final and operates as res judicata otherwise, besides suit for declaration to be filed within three years after injunction suit ... appeal and thereafter the plaintiff filed another suit claiming declaration of title and possession against very same property
Andhra High Court
- Cites 50 - Cited by 0 - Full Document
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