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abhimanyu (Querist) 01 April 2013 This query is : Resolved
A case for declaration of ownership of property was filed. However, the opposite party has denied all allegations mentioned in the suit but has categorically stated that they have nothing to do with the property for which declaration has been sought. Now, what are the options for the judge to decide the case. Can the judge dismiss the case or will it grant declaration.

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R.K Nanda (Expert) 01 April 2013
it depends on evidence adduced in case.

abhimanyu (Querist) 01 April 2013
Evidence stage is not coming as the opposite party has categoricslly said in their reply filed in the court that they have nothing to do with the property for which declaration has been sought.

R.K Nanda (Expert) 01 April 2013
ask OP to file affidavit to that effect.

abhimanyu (Querist) 01 April 2013
My query pertains to the stage where court becomes satisfied that opposite party has no claim to the property.

Devajyoti Barman (Expert) 01 April 2013
Without seeing the pleading, we can not predict the future of the case.

prabhakar singh (Expert) 01 April 2013
The court can still insist plaintiff to prove his title and possession independently
under the rule "that a plaintiff needs to stand on his own legs"

abhimanyu (Querist) 01 April 2013
Thanks very much.Instead of insisting to prove, can the court pass declaration only against the opposite party as case was filed
against them only.

prabhakar singh (Expert) 01 April 2013
It depends on court's discretion and not on parties.You state they have denied plaint allegations.Then it is not a case even to categorize it as "facts admitted need not be proved".I think you can not escape adducing evidence.

Raj Kumar Makkad (Expert) 01 April 2013
The court is bound to follow the procedure and there is no discretionary power thereto. The plaintiff has to stand at his own legs and he cannot be permitted to take benefit of the deficiencies of the defendant hence you cannot get the desired results at this early stage.

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