SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1998 Supreme(P&H) 519

SWATANTER KUMAR
Anil Rishi – Appellant
Versus
Gurbaksh Singh – Respondent


Judgment

1. The challenge in this revision petition is to the order dated 5-4-1997 passed by the learned Sub-Judge Ist Class, Chandigarh, dismissing the application of the defendant praying for rejection of the plaint under the provisions of Order 7, Rule 11 of the Code of Civil Procedure for the reasons stating therein. In order to effectively determine the controversy arising in this revision, it is necessary to refer to the basic facts giving rise to this petition. The plaintiff had filed a suit for declaration to the effect that the registered sale deed dated 26-3-1991 was forged, fabricated and fake document and is not enforceable in respect of the property in question i.e. house No. 86, Sector 18-A, Chandigarh. This suit was contested by the present petitioner. The submissions raised before the trial Court was that the suit as framed was hit by the provisions of Sec. 34 of the Specific Relief Act as no relief for declaration could be claimed without praying for a consequential relief therefrom. The main plank of the argument on behalf of the petitioner is that the present suit is not one for declaration simplicitor but in fact and substantively is a suit for cancellation of a







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top