https://www.taxtmi.com/caselaws?id=276781 A suit seeking only a declaration, when further relief is available, is defective under Section 34 of the Specific Relief Act because the plaintiff must claim the consequential relief in the same proceeding. If the omitted relief was available when the suit was filed but becomes time-barred before amendment, pleadings cannot be amended to introduce that barred claim and defeat the defendant's accrued limitation defence. Authorities cited for a contrary result were distinguishable on their facts. The amendment was therefore refused, and the suit as framed could not succeed. en-us Thu, 09 Nov 1995 00:00:00 +0530 Sat, 17 Nov 2018 11:49:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276781 A suit seeking only a declaration, when further relief is available, is defective under Section 34 of the Specific Relief Act because the plaintiff must claim the consequential relief in the same proceeding. If the omitted relief was available when the suit was filed but becomes time-barred before amendment, pleadings cannot be amended to introduce that barred claim and defeat the defendant's accrued limitation defence. Authorities cited for a contrary result were distinguishable on their facts. The amendment was therefore refused, and the suit as framed could not succeed. Case-Laws Indian Laws Thu, 09 Nov 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276781