Whether suit for declaration simplicitor is maintainable without claiming consequential relief?

   In denouement, it can be stated that the judgment and decree

in O.S.No.157 of 2003 and those in the counter claim preclude the plaintiff

from asserting his possession over the property. Prayer in the suit for

prohibitory injunction is not maintainable by virtue of res judicata, bar under

Order IX Rule 9 of the Code and operation of Section 37(2) of the Specific

Relief Act. If that be so, the suit for declaration could be regarded only as

one without seeking a consequential relief, which naturally flows from the

substantive relief. In the absence of a prayer for recovery of possession of


the property on the strength of title, the plaintiff cannot maintain a suit for

declaration simplicitor. The suit is bad for non-joinder of necessary parties.

From the facts proved, it is seen that the suit should have been instituted

within three years from the date when the right to sue first accrued.

Therefore, the suit is barred by limitation.
IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                                        PRESENT:

                            MR. JUSTICE A.HARIPRASAD

                  6TH DAY OF JANUARY 2017

                            RSA.No. 855 of 2016 
       

                E.N CHANDRAN
             Vs

                VALSAN MATATHIL
               

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