Board of Trustees of Port of Kandla vs. Hargovind Jasraj & Anr, Civil Appeal No. 153 of 2013, (Arising
out of S.L.P. (C) No.9196 of 2008), Decided on 9th January, 2013
The Hon’ble Supreme Court held:
“…..grant of declaratory relief under the Specific Relief Act is also
discretionary in nature. A Civil Court can and may in appropriate cases refuse
a declaratory decree for good and valid reasons which dissuade the Court from
exercising its discretionary jurisdiction. Merely because the suit is within
time is no reason for the Court to grant a declaration.” [Para 26]
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