declaratory decree
A declaratory decree states what the plaintiff's legal character or right is, for example that the plaintiff is the owner of land or the lawful heir, or that a sale deed is not binding. Section 34 of the Specific Relief Act, 1963 allows such a suit by any person entitled to a legal character or a right to property against a person denying it.
The proviso is the usual trap: the court will not make a mere declaration where the plaintiff, being able to seek further relief (such as possession or injunction), omits to do so. The relief is discretionary. Under s.35 the declaration binds only the parties and those claiming through them.
Example
The plaintiff out of possession must ask for possession as well; a bare declaratory decree is barred by the proviso to s.34.
In Indian law
- Sections 34 and 35, Specific Relief Act, 1963
See also
Read more in the study notes
- Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
- Public corporations and public undertakings: status, classification, liability and control (Administrative Law)
- Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
- Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
- Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
- ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)