Declaration suit

You cannot file a suit for declaration instead of money recovery suit.  

Sir with due respect I konw but I could not find relevant judgement regarding that kindly refer some. I have argue on this point on 25.09.2012.

In a Declaratory suit the Court determines the legl rights of the parties or express an opinion on the law and does not award a remedy also called declaratory relief. For Recovery of Money as mentioned by adv rajeev (rajoo) you musrt ask the court for a remedy by way of filling money suit.

In a declaratory suit the court pass a judgment and determine the legal rights of the parties or express an opinion on the law and does not award a remedy also called declaratory relief. As such you can file Money suit as suggested by adv rajeev (rajoo) for recovery of your money, nor you can file an injunction to recover your money

Sir can you send me some citation regarding that. I could not find suitable one.

I m the defendant in that suit. and I have to argue on this point that for claiming money declaration suit is not maintainable for that one should file money suit. I need some judgement regarding that.

If you  are defending the case why dont you point out under what provisionas of law declaratory suit was filed against your client? Because it is the provisions of law that will clinch the issues.

Thank you nw its clear to me