SURAT CITY MUNICIPALITY Vs. CHUNILAL MANEKLAL GANDHI

JUDGEMENT

(1.) The suit admittedly is now to be treated as one only against the Municipality. It seeks a declaration and an injunction.

(2.) A declaration can only be sought in a suit against any person denying or interested to deny the title of the plaintiff to a particular character or right.

(3.) But the Municipality neither denies nor is interested to deny the character or right which the plaintiff seeks to establish. It is the Officer mentioned in Rule 13 that is concerned with that question, and over him the Municipality has no control. Therefore the suit for a declaration fails.