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Results of declaration suit

Showing : 291-300 of 1364 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Reasons furnished by plaintiff for withdrawing suit were not sufficient - Absence of seeking reliefs as to declaration and absence of permission from Gram Panchayat and ownership of disputed road, cannot be treated as formal defects - Production of valid map as per scale..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not maintainable, as claim of adverse possession can be used as shield and not as a sword...........

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by Trial Court - Finding regarding..........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c), Article 17 -- Court fees - Suit for declaration simplictor declaring sale deeds in question as void and illegal and not binding on plaintiffs - Fixed Court Fee will be attracted as per Art.17 Scheduled II of the Act and not as per S.7(iv)(c) of the Act...........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration and permanent injunction - Without claiming relief of possession, relief of permanent injunction is treated as `Substantial Relief' and not as Consequential Relief, which does not attract S.7(iv)(c) of the Act...........

Showing : 291-300 of 1364 Results