Declaratory suit
anil verma (registeronlyfree)
(Querist) 12 September 2013
This query is : Resolved
In one of the case in civil matter, against (Kanpur development authority) my friend filed regularization of his title and possession of ownership, the money asked in news paper publication was also deposited and the same was accepted by KDA, meanwhile the KDA has approached via appeal at high court and no stay has been granted till date.
Now in the above case, the opposite party ( Kanpur development authority) has raised a new plea in the declaratory suit in execution proceedings and has claimed the entire order as illegal.
The said issue has not been raised in dismissed application under section 47.
My submission is as follows.
1. Can a new plea be raised for the first time during revision application of declaratory suit?
2. whether a revision application under declaratory suit is maintainable?
3. Can a suit be decree ?
4. whether under order 21 rule 52 execution proceedings can be initiated?
Pl do the needful and oblige
Nadeem Qureshi
(Expert) 13 September 2013
contact a lawyer in your area who deal with civil matters
Shyam Ji Srivastava
(Expert) 23 September 2013
Dear Brother,
Please contact with complete details.
Shyam Ji Srivastava
Advocate
Civil Court
Kanpur
Mob:9839028040
