Declaration suit
kavita podwal
(Querist) 28 August 2014
This query is : Resolved
Sir
I am the defendant in a case for injunction. Now the plaintiff wants to amend the injunction suit to a declaration suit. My query is can he file a declaration suit on the site that i am in possession of or should he stick to the entire property that he claims to be the owner of , of which a part is where i have made a house. Please clarify. In order to save on the court fee charges, he is trying to file a declartion suit based on my small site whereas this long he was harping on the fact that is an agricultural land and there are no sites on it. I would be glad if you clarify with case laws as I am appearing as party in person Regards kavita
Devajyoti Barman
(Expert) 28 August 2014
without seeing plaint it is difficult to advise.
Raj Kumar Makkad
(Expert) 28 August 2014
Kavita! There is no illegality if the injunction suit is being sought to be converted in the suit for declaration. The conversion is more beneficial for you. You have every right to object the conversion application and further file application under order 7 rule 11 read with section 151 of cpc if the due stamp duty is not filed by the plaintiff.
kavita podwal
(Querist) 28 August 2014
Declaration should be filed on his claimed entire property or on my small site which is assumed to be part of his property pl clarify
kavita podwal
(Querist) 28 August 2014
Declaration should be filed on his claimed entire property or on my small site which is assumed to be part of his property pl clarify
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Let him file a case as per his grounds, you challenge it during trial or file an application to reject it if you find that it is irregular and unlawful.
Raj Kumar Makkad
(Expert) 31 August 2014
The querist seems silent over the response of the experts hence nothing to a further.
kavita podwal
(Querist) 18 September 2014
thanks. The info above was really useful. I have filed my obj under Order6Rule 17 CPC.
