• Specific Relief Act Section 34 Order 7, Rule 11 CPC Limitation Act Suit for declaration of title Rejection of the plaint On the grounds that the plaint does not disclose any cause of action against the defendant And the suit is barred by limitation Failure of plaintiffs to seek further relief of possession generally, would not entail dismissal of suit without affording opportunity to plaintiffs to include unsought relief, provided it is saved by limitation Consequently they are also not entitled to other reliefs prayed for in suit as prayers are ancillary and/or incidental to main prayer of plaintiffs for declaration of their said legal character No scope to afford plaintiffs opportunity to amend plaint to include the un sougnht relief Connected suit not maintainable. [Paras 10, 12, 13, 22 and 23]
CALCUTTA LANDING AND SHIPPING CO. LIMITED vs KUMAR OMPRAKASH CO 1065/21 18/05/22 [ BASU JJ ]
[ CALCUTTA HIGH COURT ]