LAW FOR ALL

declaration sought by the plaintiff cannot be granted in an independent suit and the remedy open to the plaintiff is to file an application before the Court which passed the decree, seeking setting aside of the decree on the ground that it was without jurisdiction on accountCS(OS) 2338/2012 Page 9 of 9 of the relief claimed in the suit having become barred by limitation by the time the suit was filed, or to file an appeal on the ground of limitation. 12. As regards the decree of mandatory injunction, directing the defendants to remove their goods, since under the compromise decree passed by the learned Civil Judge, defendant No. 1 was entitled to continue in possession of the first floor till sale of the suit property, this relief is not open to the plaintiff in law unless and until the consent decree dated 29.05.2010 is set aside. For the reasons stated hereinabove, the plaintiff is directed to amend the plaint so as to delete reliefs claimed in para (ii) and (iii) of the plaint. The amended plaint in terms of this direction be filed within four weeks.