Suit for declaration alone - Plaint returned by office - whether proper.

2011(1) TAMILNADU LAW NOTES JOURNAL – Page 210

Tamilnadu Court Fees and Suits Valuation Act 1955, Section 25(b) & (d) – Plaint filed for declaration alone without – On revision High court declared that declaration shall not be issued of plaintiff is able to seek further relief than mere declaration and omitted to seek – at the stage of presentation court has to go through plaint averment alone – further relief can be decided after issue of summons and on the basis of averments in the written statement – return of plaint held is incorrect – direction given to represent plaint – Civil revision petition ordered with directions.