Declaration suit - Maintainable?

G. ARAVINTHAN (Querist) 07 July 2010 This query is : Resolved
A suit is filed for a relief of declaration alone and no other relief's was prayed, is the suit maintainable?

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Krishnamurthy Ramdas Iyer (Expert) 07 July 2010
it appears to be a declaratory suit?
maintainable under specific relief act

S. Bharath (Expert) 07 July 2010
Generally, the proviso to S. 34 of the Specific Relief Act prescribes that no court shall make any such declaration where the
plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. This rule is harmonious with the principle governing the provisions of Order II Rule 2 of CPC. Thus when a plaintiff seeks declaration of title, it is to be followed by either a prayer for permanent injunction [restraining the defendant from interfering with possession etc] or a mandatory injunction [directing the defendant to remove encroachment, stop nuisance etc]. An example for exception is a suit for declaration of a status [legal heir] etc.

Hope this helps.

Devajyoti Barman (Expert) 07 July 2010
Yes ,it depends upon the what sort of declaration you are looking for though there is plethora of decisions for the exceptions of section 34 of the specific relief act.

Legal Fighter (Expert) 07 July 2010
it depends upon the declaration sought. If it is in respect of immovable property, relief is possession is must.

G. ARAVINTHAN (Querist) 13 July 2010
are you saying any prayer like injunction or recovery of possession is must?

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