Once the suit is held to be barred by limitation for declaration of rights the prayer for permanent injunction, which was a consequential relief can also be said to be barred by limitation.
It is true that under normal circumstances, the relief of permanent injunction sought is a substantive relief and the period of limitation would commence from the date on which the possession is sought to be disturbed so long as the interference in possession continuous.
However, in the case of a consequential relief, when the substantive relief of declaration is held to be barred by limitation, the said principle shall not be applicable.
Padhiyar Prahladji Chenaji (Deceased) through L.Rs. vs. Maniben Jagmalbhai (Deceased) through L.Rs. and Ors. (03.03.2022 – SC) : MANU/SC/0272/2022 =
2022 157 RD 277