Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Not maintainable when there is cloud over title of plaintiff - Plaintiff ought to have filed suit for declaration and consequential injunction...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Once plaintiff failed to get any substantive relief, consequential relief of permanent injunction cannot be granted to plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking consequential relief of possession - Suit filed by plaintiff is not merely for declaration but consequential relief including suit for permanent injunction and damages has been sought - It is thus, wrong to allege that it is a suit for mere declaration without consequential relief..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Specific Relief Act, 1963, Section 38 -- Suit for possession and injunction - Land in question was an agricultural land qua which suit before Revenue Court for declaration of Khatedari rights had already been preferred by plaintiff and same is pending consideration - Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts - It..........
