The procedure and the ground of filing a declaratory suit have been inherited in section 34 of the Specific Relief Act, 1963. The Act is a part of the Indian Contract Law and dealt the cases related to the civil matters
Overview
The Declaratory suit is the mandamus order of the court that declares the Right for the plaintiff. The suit can be entertained by the civil court of India favoring the rights of the plaintiff. The base of such a suit exists only when the plaintiff was denied of his right which the plaintiff was entitled to.
Section 34 of the Specific Relief Act tells about the suit as any person entitled to any legal character, or any right of any property has the right to file such a suit. The detailed section is described below to elaborate on the object.
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Section 34 of the Specific Relief Act 1963
The above section defines as the
“Discretion of Court as to declaration of status or right- any person entitled to any legal character, or 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 whom if in existence, he would be a trustee.”
Essentials of declaratory suit
There are a total four essential of declaratory suits that as follows-
- The plaintiff who is filing the suit is entitled to any legal character or has any right to any property.
- The right of the plaintiff should have been denied by the defendant or he was planning to deny it.
- The declaratory suit could only be entertained when the declaratory suit will have the same object as the right was infringed of the plaintiff.
- There also has been a condition that the plaintiff should not have any further claim than a mere declaration of his rights.
Leading case
In the case, it was held that the court has the absolute right to dismiss the relief if the plaintiff claims to be too remote or the declaration if given would be ineffective.
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