Suit for declaration
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Suit for declaration
24th May
Section 34: Discretion of court as to declaration 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 Explanation : A trustee of pr operty is a "person interested to deny" a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee. Section 34: Discretion of court as to declaration of status or right: It is certainly for the interest interest of the State that this jurisdiction of the court should be maintained and and the causes of apprehended apprehended litigation, respecting real property necessarily affecting its use and enjoyment, should be removed; for as long as they remain, they will prevent improvement and consequent benefit to the public. It is a matter of everyday observation that many plots o lands in our cities remain unimproved because of conflicting claims. The section does not lay down as a rule, that any one who claims any interest in property, present or future, may ask the court to give an opinion, on his title. ILR 8 Cal 761; it does not warrant every kind of declaration but only a declaration that the Plaintif is entitled to a legal character or to any right as to any property, and it warrants this kind of relief only under certain special circumstances. AIR 1916 PC 78; ILR 47 All 434; Where a Suit is simpliciter for perpetual injunction under Section 38, on the basis of possession only, Section Section 34 does not apply. Fabrica do Igreja versus Union of India – (1995) 2 Cur CC 100 at 105 Bom. A declaratory declaratory decree decree is not capable of execution as it does not require the judgment debtor to do or not to do anything. No proceeding proceeding for contempt contempt of court court lies against against the judgment judgment debtor if if he ignores ignores the decree, decree, the the decree decree holder can can seek his his remedy by Suit on the basis of the declaratory decree. 1975 CrLJ 679 (P&H) (FB) Section 35: Effect of declaration: The judgment passed under this Section is judgment in personam and judgment in rem.
Specific Relief Relief – declaration declaration – section 34 – (2014) 1 SCC 669A Section 34 – declaratory Suit / Sp. Relief Act– (2013) 9 SCC 438F Sections 34, 5 – burden of proof sections 101 to 103 – (2014) 2 SCC 269 Specific Relief Act, section 34 – (2014) 2 MhLJ 353
Posted 24th May by The Practice of Law Labels: SUITS 0
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