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According to the appellants, the suit for possession was filed by Mohinder Singh on the basis of the declaratory decree which was within the limitation period of three years as provided by Article 2(b) of the Schedule to the 1920 Act.
Declaratory judgments are an important tool in litigation. They allow businesses or individuals to seek a court's direction at the early stages of a controversy.
In declaratory suits, plaintiff's task is not over once he proves that he is entitled to the legal character or right to property, it is for him to convince the Court that the defendant has denied or interested to deny that legal character or right of the plaintiff.
Steps in Seeking a Declaratory Judgment Research and obtain additional evidence and title information from the client or the Missouri Department of Revenue. File a petition asking the appropriate court for a declaratory judgment. Name the Missouri Department of Revenue as a defendant in this lawsuit.
The declaratory decree is the edict which declares the rights of the plaintiff. It is a binding declaration under which the court declares some existing rights in favour of the plaintiff and declaratory decree exists only when the plaintiff is denied of his right which the plaintiff is entitled to.