Limitation Act, 1963, Article 58 -- Suit for declaration and injunction - Limitation three years - 'When the right to sue first accrues' - Connotation - Limitation to be computed from date when right to sue first accrues although cause of action may have arisen on subsequent occasions. (Specific Relief Act, 1963, Ss.34, 38 and 39)..........
Co-sharer -- Sale by a co-owner of land in his exclusive possession upto the extent of his share - Right of other co-owner - Only to claim a declaration that sale not to affect his right as co-sharer upon partition - Cannot claim joint possession till partition - Subsequent sales by other co-owners - Plea that declaratory decree would be of no use - Not tenable - Relief..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Suppression of material facts - Averments deliberately and calculatedly designed to keep Writ Court in the dark to procure interim or ultimate relief - Writ petition challenging order of Collector Agrarian (and appellate and revisions orders upholding the same) declaring surplus area - Before filing of writ..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 21, Rule 63 -- U.O.21.R.63 CPC is of comprehensive nature not merely declaration but consequential relief can also be sought - Suit for declaration U.O.21.R.63 and subsequent suit for possession Suit not bared U.O.2.R. CPC as cause of action in the two suits is different...........
