AIR 1915 MADRAS 348

Madras High Court

Hon'ble Judge(s): Oldfield, Seshagiri Aiyar , JJ

(A) Specific Relief Act (1 of 1877) , S.42— Power under S. 42 is discretionary-Object is to keep record of title against future adverse attacks. It is a matter entirely within the discretion of the Court to grant or refuse declarations under S. 42. The object of the section is merely to perpetuate and strengthen testimony regarding the title of the plaintiff so that adverse attacks on it may not weaken it. Whenever evidence is being created which might ultimately result in disturbing the title of the plaintiff, he will have a cause of action to sue under S 42: (Case law referred.) (B) Civil P.C. (5 of 1908) , O.2 R.2— R. 2 does not bar a suit on different cause of action. Where a suit with regard to certain property is based on a certain title, the plaintiff is not debarred by O. 2, R. 2, from suing to recover some other property on some other ground.