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declaratory decree

English · Contract and commercial

Meaning. A decree that only declares a person's legal status or right to property, without ordering further relief.

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

decree · equity

Read more in the study notes

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