In this proceeding, the plaintiff seeks to be decreed the owner and to be granted the undisturbed possession of a certain plot of land located in Vermilion Parish. The district court sustained an exception of no cause of action and dismissed the suit. The court of appeal 1 affirmed the judgment upon a holding that the plaintiff could not proceed under the Uniform Declaratory Judgments Act (LSA-R.S. 13:4231-13:4246) since its petition sets forth grounds for a petitory action.
In its application for writs, plaintiff asserted that this holding is in conflict with the case of Succession of Rickerfor, La. App.,
In its opinion, the court of appeal correctly stated:
“The allegations of the petition show that the plaintiff claims title to certain described property under a deed, a copy of which is attached to the petition; and that the defendant has possession of the realty claimed and has refused to surrender it to the plaintiff after . demand.” [120 So.2d 545 ].
However, in our opinion, the court erroneously concluded:
“Since under Code of Practice Articles 5 and 43-45 a petitory action is available to a non-possessor claiming recognition of his title against one in possession of the property claimed, the trial court held that the plaintiff could not proceed by a declaratory judgment action and dismissed the plaintiff’s, suit, citing Burton v. Lester,227 La. 347 ,79 So.2d 333 .
“The trial court’s action was correct and must be affirmed.”
The court of appeal held that the present proceeding cannot be characterized as. a petitory action when the prayer of the-petition specifically limits the relief demanded to a judgment “in keeping with the-provisions of La.R.S. [13:] 4231 et seq. * * We cannot agree with this holding. The petition additionally seeks judgment:
“ * * * in favor of plaintiff, Erath Sugar Company, Ltd. and against defendant herein, Aliface Broussard, declaring and adjudging plaintiff to be the owner of the following described property and as such entitled to the possession thereof against defendant according to law. * * *
“Plaintiff further prays that defendant be ordered and condemned to re *954 move any disturbance to plaintiff therefrom, granting plaintiff the complete ownership and use of same and declaring these rights accordingly between the parties; plaintiff further prays for all general and equitable relief ‡ * ‡»
The system of fact pleading prevails in Louisiana. Under this system, pleading is the “handmaid rather than the mistress” of justice. Unduly harsh or technical rules of pleading are not favored. Each pleading must be reasonably construed so as to afford the litigant his day in court, arrive at the truth, and do substantial justice. West v. Ray,
“Therefore, while the plaintiffs, through an error of semantics, may have designated this as a suit requesting declaratory relief, in reality and actuality it was a direct action and judgment rendered herein, which not only declared plaintiffs to be the owners of the stock but ordered the return thereof to them upon payment to the defendant of the amount reflected by the note, confirms this fact.” [120 So. 2d 323 ],
For the reasons assigned, the judgment of the district court and the court of appeal, dismissing plaintiff’s suit, is reversed and set aside, and the case is remanded to the district court for proceedings consistent herewith. Costs of the proceedings in this Court are to be paid by defendant. All other costs are to await the final disposition of the cause.