Declaration suit
atul
(Querist) 29 November 2012
This query is : Resolved
if we were allowed to produce a document we could have won the case but hc dismissed appeal with no cost and concurred with lower courts judgemennts.should we file slp or a declaration suit.what is this declaration suit and how it can become a substitute for SLP(some lawyers suggested me).
my question is what is this DECLARATION SUIT and is't it a new suit? will the lower court court allow it to be filed?
matter -- a person is continuosly sending rent to A for more than 30 years and now the B(municipal body) is contending that it is muniicipal body's land.SOME GAZZETE NOTIFICATION WAS NOT PRODUCED EARLIAR.IN THAT GAZZETTE NOTIFICATION THE DISPUTED LAND BELONGS TO US.HAD THAT DOCUMENT BEEN PRODUCED IN TIME,SITUATION WUD ALTOGETHER BE DIFFERENT.
some lawyer suggest me if u file dec suit court will seek that document theirself and suit may be maintable.
plz enlighten me thanks
Devajyoti Barman
(Expert) 29 November 2012
Your subsequent declaratory suit would be barred under Order 2 Rule 2 of CPC.
File SLP challenging the order of HC. Explain why you could not file the document earlier and then apply for additional evidence.
The SC is likley to allow your application and would remand the matter to try the suit again on that paper which you missed to file in the trial court.
atul
(Querist) 29 November 2012
its an gazzette notification that says the said pieace of land belongs to us after the survey.earliar councel might but did not seek adjournment for the same hence the need for addnl evidence.
Raj Kumar Makkad
(Expert) 29 November 2012
In the light of clarification given by Barman, I am also of the view that it is better to go for SLP instead of filing fresh suit for declaration.
