Suit stand dismissed on some grounds want to know my rights

671 votes

Any suit for simple declaration without prayer of possession cannot be dismissed on the the ground that possession has not been prayed but as per law the plaintiff can not claim in future the possession of the property since Order 2 rule to prohibit it. You have to file appeal against this order.

Advocate Rajesh Kumar LawRato

665 votes

You can file the suit for declaration only when you are undisputed owner and as well in "actual physical possession of the property" however in following cases you have to file the suit for possession with declaration

1) if you are owner but dispossessed from property
2) if you are not owner but dispossessed from property

if you have no sufficient means to pay the court fee than you can file the suit as papuer (i.e. as poor person) and seek exemption from filing the court fee but in such case at first stage after inquiry the court will determine whether you are able to pay the court fee or not and only after determination of your capacity to pay the court fee the actual suit will be taken up for consideration

Advocate Praveen Mahajan LawRato

728 votes

It depends on the facts which unless elaborated will be difficult for me to satisfy your query. It is however not necessary to file suit for consequential relief along with declaration.The suit is maintainable if the ground is this only.

Advocate Rajesh Rai LawRato