Prohibitory injunction, appeal-- declaratory injunction--against government--adverse possession

Querist : Anonymous (Querist) 01 December 2011 This query is : Resolved
Case Facts as follows:
Property is in Rajasthan....
Dispute regarding Adverse Possession against government
Art 112 of Limitation act (period of 30 years against government. adverse possession)
Property was Agriculture Land and of Bella nam Sarkar(means not registered on any one) and govt. transferred said property to Urban Improvement Trust(Govt. Body) and converted in urban land ..
but land is in possession since 1959..by Mr X.
X has improved that land and done construction on that land and also make some garden and shops..

1. X has files suit of prohibitory injunction in year 2005 against govt.
2. suit was dismissed in year 2010
3. Mr X. file an appeal which is pending before appellate court

Now question::::
1. Can X file a suit of declaratory on the basis of adverse possession ?

2. Is there is a restriction of Order 2 Rule 2 CPC???
Since prohibitory injunction was already dismissed and of which appeal is pending and now to file fresh suit of declaratory injunction
3. Another thing is that one document is recovered while not available during previous case proceedings regarding the adverse possession and improvement done in property by Mr. X.
admission of new facts....

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Raj Kumar Makkad (Expert) 02 December 2011
1. Yes. He should have filed.

2. Definitely this prob shall come before him but there is no alternate but to institute this suit for him. There may be some helpful citation but he should definitely filed this case.

3. If this fact might have been disclosed by you earlier, there was no need to ask quaery no. 1 & 2.

prabhakar singh (Expert) 02 December 2011
Repeated query.view already expressed.

Querist : Anonymous (Querist) 02 December 2011
Actually i didn't understand the reply...
So.again....
Whether can I file fresh case regarding declaratory injunction while already prohibitory injunction is dismissed and challenged in appellate court..???
can i file fresh declaratory suit or not? or it barred by Order2 Rule2 CPC

Raj Kumar Makkad (Expert) 03 December 2011
Your query has already been replied. As you do not understand it, it shall be better to have the services of local lawyer who can help you in understanding in your local language.

Sailesh Kumar Shah (Expert) 06 December 2011
yes, you should hire local advocate for it.

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