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P Goverdhan Reddy (Lawyer)     21 November 2019

Pleadings

sir gd morning,  I have filed suit for declaration of title.   In pleadings, i asked rectification of entry in pahanies for previous years.  court fee paid u/s 43.   but, hon'ble court obj that and asking to remove rectification of entry pleading.  

Request confirm, whether can we plead the rectification of entries  in declaration suit.   if so, any reference pl.   with regards.   



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 6 Replies

Real Soul.... (LEGAL)     21 November 2019

You mean to say ione of the reliefs is that you want the rectification of records.

However the cort can allow or reject the releifs prayed for. In a declaratory suit you cannot ask for rectification of any records jut u ask Court to declare you as the owner or whatever but that does not allow u to improve the pervious records, It is better to set the records right and ther after file for declaraltro suit.

P Goverdhan Reddy (Lawyer)     21 November 2019

sir, thanks a lot for quick response.  in other courts, i have filed, they accepted.  Now in this case I am questioned to show legal aspect.  court fee paid u/s 43.  ie. rs.15  per year for rectification in pahani.  I need reference for, discretionary powers of court to accept or reject. 

  

Real Soul.... (LEGAL)     21 November 2019

what are you seeking from the court.

declaration for what?

 

P Goverdhan Reddy (Lawyer)     21 November 2019

declaration of title and rectification entries in revenue records, for the past 10 years.  

Real Soul.... (LEGAL)     21 November 2019

Dear that is not possible to get rectification of records and decalration at the same time .

You need to set the rectifications first.

 

P Goverdhan Reddy (Lawyer)     21 November 2019

declaration of title and rectification entries in revenue records, for the past 10 years.  (sec 43 - computation of fee-  refers that, A suit for declaration of title to certain land with a prayer for cancellation of mutation was held to be governed by this section.  Court fee is not payable under this section in a suit for a declaration of title and for declaration that the record of rights was null and void.   But a suit for declaration that an entry in the record of rights is not correct, is held to fall under this section. 


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