Lawrence Jenkins, K.C.I.E., C.J.
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.
4. The claim for an injunction too cannot be sustained. The Municipality has done no wrong and is threatening to do no wrong ; it only proposes to proceed in accordance with the Act and the Rules so far as they relate to it. Therefore no ground is established for an injunction.
5. And as a declaration and an injunction are the only reliefs sought against the Municipality, and inasmuch as the ground for each of those reliefs fails, it is clear that the Judge of the first Court rightly held that the plaintiff's suit disclosed no cause of action. We are, therefore, of opinion that the order of the District Judge should be set aside and the decree of the first Court restored with costs throughout.