- Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 – Declaration is being sought through amendment w.r.t. same rasta qua which the injunction was sought initially – Obviously without declaring that the plaintiffs have easementary right, injunction could not have been granted recognizing the right of the plaintiff to use the rasta on the basis of easementary right i.e. right by prescription – Merely by claiming declaratory relief by way of proposed amendment, nature of suit does not get altered.
- Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 – Every amendment in the prayer clause does not amount to alteration in the nature of the suit.
CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]
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