Suit for declaration is the most widely recognized and compelling sorts of civil suits filed by Indian legal advisors. It looks for the help of presentation and injunction based on the statement of the court
.Suit for affirmation is an assertion from the court on any issue by method for an announcement of the court.The help of order in a suit for presentation is the important alleviation much of the time.
Section 34 and 35 of the Specific Relief Act set some hard boundaries identifying with revelatory announcements. A definitive decree is a pronouncement revelatory of a correct which is dubious or which requires to be cleared or articulated by the courts for the individual moving toward the court
.The object of the decisive declarations is to forestall future suit by expelling the current reason for the discussion. As it were, if a cloud is provided reason to feel ambiguous about the title or legitimate character of the privileges of the offended party in any way, he is qualified for look for the guide of the court to dissipate it by method for a suit for revelation.
The court thinks about the opponent disputes and passes a pronouncement of presentation setting up the privileges of the gatherings to the suit.
Section 34 of the Specific Relief Act lays down the circumstances under which a declaratory decree may be passed. It provides:
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“Discretion of court as to declaration of status or right—Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Explanation-a trustee of property is a ‘person interested to deny’ a title adverse to the title of someone who is not in existence, and for whom, if in existence, he would be a trustee.”
Section 34 of the Specific Relief Act does not sanction every kind of declaration but only a declaration that the plaintiff is entitled to any legal character or to any property. It is not a matter of absolute right to obtain a declaratory decree and it is discretionary with the court to grant or refuse to grant it.”
It is essential for a decree under Section 34, the Specific Relief Act, that the plaintiff must be entitled to any legal character to any right to property. ‘Legal character’ is a position recognised by law, and a person’s legal character is made up of the attributes which law attaches to him in his individual and personal capacity and the phrase is synonymous with the word ‘status’. It includes the right of franchise and the right of election.
It may be observed that the words ‘legal character’ and ‘to any right as to any property’ are separated by the disjunctive ‘or’ and, therefore the plaintiff can maintain a suit for a mere declaration, if, he can show that he is entitled to any legal character, even though he cannot lay an immediate claim to any property.
Suit for the declaration is filed before the civil judge or the Muncie as it is called in some courts. The court thereafter considers the rights and contentions of both the parties on the basis of their pleadings and evidence and passes a decree of the declaration if satisfied with the claim of the Plaintiff or denies the same.
The entire process of suit for the declaration is governed by the code of civil procedure as we call it or the CPC which has many stages as a civil suit. The decree is, therefore, a declaration of the rights of the parties.
It is always advisable and wise to engage the services of best civil lawyers for conducting the suit for declaration as such declaration has wide ranging effects on the rights of the parties.
