Law: Civil Procedure Code (V of 1908)

Section: 1,35

(a) Civil Procedure Code (V of 1908),   O.XXXIX, r.1----- Injunction-Suit for declaration of title simpliciter-Subsequently plaintiff applying for injunction to restrain defendant from interfering with his alleged possession of suit land-Held, not maintainable.   Where the plaintiff merely instituted a suit for declara tion of his title to suit land without asking for any consequential relief and subsequently made an application asking for an injunction against the defendant to restrain him from interfering with his alleged possession of the suit land:   Held, that a suit for declaration of title simpliciter is a suit directed towards the establishment of an incorporeal right and is something dehors its disposition, such as the question of possession. In this view of the matter, the plaintiff is not entitled to maintain an application for injunction. Further such an application is, in essence and in substance, a contrivance to escape the provisions of a statute, namely, the Court Fees Act. To allow the plaintiff to maintain the appli cation would amount to granting a premium on such evasion.   Fakira Mahadaji Marathe v. Mst. Ramsukhibai A I R 1946 Nag. 428 fol.   (b) Civil Procedure Code (V of 1908)   S. 35-Costs-Courts below misdirecting themselves in not considering vital questions, but arriving at just conclusions-Party adversely affected, held, entitled to ask Court not to award costs against it.  ORDER   MURSHED, J.--Petitioners instituted a suit for a mere declaration of their title in respect of a piece of land and did not ask for any other relief. Soon after the filing of the suit they prayed for an injunction against the defendants restraining them from interfering with their possession in the suit land. In the suit instituted by them no such relief was prayed for.   The genesis of the suit is, in substance, as follows: The suit land was inherited by two brothers. Plaintiffs are the heirs of one of the said brothers and defendant No. 1 is the daughter of the other .brother. By two registered kabalas defendant No. 1 transferred the suit land to defendants Nos. 2 to 5. It is the plaintiff's' case that,…