Law: Specific Relief Act, 1877

Section: 42

 Civil Procedure Code, 1908 (V of 1908)-- —-O.VII R.ll read with Specific Relief Act, 1877, Section 42-Plaint--Rejection of—Application for—Contention that suit for declaration simplicitor in a case where Plaintiff is not in possession, is barred by Section 42 of Specific Relief Act-Suit is also barred for want of notice under Article 131 of Karachi Development Authority Order, 1957-Notice under Section 70 of Sindh Co¬operative Societies Act, 1925 (VII of 1925) ought to have been served but no such notice was given— Held: Suit being also bad for want of notice under Section 70 of Sindh Co-operative Societies Act,1925, plaint is rejected. [Pp.69,7071]A,B,CD PLD 1975 Kar.1107 and 1984 CLC 2914 re/. ORDER 1. In view of rejection of plaint under Order 7, R. 11 C.P.C., this application (C.M.A. 3101/90) has become redundant and is dismissed in limine. 2. Defendant No.5 has filed this application (C.M.A. 3464/90) under Order VII rule 11 C.P.C. for rejection of the plaint on the grounds (1) that the suit is barred under section 42 of the Specific Relief Act as the plaintiff though not in possession of the suit land has prayed only for declaration and not for the consequential relief for possession, (2) the Karachi Development Authority has been joined as a party without service of statutory notice under Article 131 of K.D.A. Order 1957 and (3) that the defendant No.2 is a Cooperative Housing Society and the suit has been filed without service of notice as required under section 70 of the Sindh Cooperative Societies Act 1925.Mr. M.G. Dastagir the learned advocate for defendant No.5 in respect of the first submission has relied on section 42 of the Specific Relief Act which reads as under:—42 Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:--Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of…

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