AIR 1986 JAMMU AND KASHMIR 24

Jammu And Kashmir High Court

Hon'ble Judge(s): M. L. Bhat , J

Specific Relief Act (47 of 1963) , S.42— Suit simpliciter for negative declaration of status of defendant - Not maintainable unless status has affected rights of plaintiff. Civil P.C. (5 of 1908) , S.9— A suit simpliciter for a negative declaration about the status of any person is not maintainable without showing as to in what manner status of the other side has affected the civil rights of the plaintiff. The plaintiff in a suit for declaration has to depend on his own right and title and if that right or title is denied or affected by the other side a declaratory suit can be maintained. Without showing his own right, the plaintiff cannot claim declaration in the negative form as regards the status of the defendant. Unless the plaintiff shows in the plaint that his civil rights are likely to be affected by the defendant's status or the defendant has denied his civil rights by being a permanent resident of the State, a suit for declaration in the present form would not be maintainable.