Declaratory Decree

Declaratory Decree

A declaratory decree is a decree declaring the right of the plaintiff. The declaratory judgment clearly states that the right of the plaintiff in an already complicated transaction. Under this, the court declares some existing rights in favor of the plaintiff and it exists only if the plaintiff is denied of his particular rights which he is basically entitled to. After the specific relief is obtained by the plaintiff against the defendant by the plaintiff who denied the plaintiff from his rights. A declaratory judgment does not itself order any action by a party or imply damages or an injunction although it may be accompanied by one or more other remedies.

Section 34, Specific Relief Act

Section 34 of the Special relief act of 1963 deals with the discretion of chords as to declaration of status or right. It is the cold discretion of the court as a true declaration of status or write any person and tell that to any legal character or any right to any property, may institute a suit against any person denying or interested to deny his title to such character or right.

The court may in its discretion make there in a declaration that 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 the 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.

Naganna vs. Sivanapa 8th January (AIR 2004),

 Declaratory decree provisions brings out to merely perpetuate and strengthen the plaintiff in case of an even adverse attack so that the attack on the plaintiff cannot we can his case and according to the mentioned arguments of this case it and courageous dog plaintive to come in front so that he can enjoy the rights which are entitled to. If any defendant the night the plaintiff from providing those particular rights for which the plaintiff is entitled then it gives them the power to file the suit and get a special relief.

Essentials of Declaratory Suit

There are specific essentials elements for a declaration suit to be valid. There are four elements without any of them the suit for declaration will not be considered valid.

  • The declaration asked for should be the same as the declaration that the plaintiff was entitled to a right.
  • The plaintiff at the time of suit was entitled to any legal character or any right to any property.
  • The defendant had denied or was planning or interested in denying the rights of the plaintiff.
  • The plaintive was not in position to claim a further relief than a mere declaration of his rights which have been denied by the defendants.

Requisites of a Declaratory Decree

According to Section 34, of the Special Relief Act 1963 any person entitled to any 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 entitled, and the plaintiff need not in such suit ask for any further relief. It put certain conditions that should be fulfilled by the plaintiff to file a valid suit for declaration for the rights which are denied by the defendant.

Also, to obtain the relief of declaration the plaintiff had to fulfill the above-mentioned conditions. If any of the essential elements are missing then no relief of declaration will be provided by the court. The burden of proof is on the plaintiff, he has to prove that the defendant has denied the character or title of the plaintiff and the plaintiff has to establish that there must be some present danger to his interest. The denial must be communicated to the plaintiff in order to give him the cause of action. It is the duty of the court to exercise their rights while granting a declaratory decree and only in proper cases, this remedy should be provided.

·       Legal character

Also, we talked about the requisites that a person should be entitled to the legal character. So legal character is basically an individual’s legal status in the society which just shows his legal capacity. There’s a variety of status among the natural person, which can be referred to as the following listed causes i.e. Sex, minority, rank, caste, tribe, profession, and many more.

·       Person Entitled to any Right to Property

The second condition which needs to be fulfilled for the successful relief of the declaration by the plaintiff is the plaintiff’s right to property. Any person wanting or seeking special relief has a condition that they must have a right to any property, only then they can go for special relief under the Special relief act, 1963.

·       Declaration asked should be the same as the separation that the plaintiff entitled.

·       Plaintiff should claim only for a mere declaration and he is not entitled to more than that.

Discretion of Court as to Declaration of Status

Section 34 of the Special Relief Act, 1963 the conditions mentioned for the declaration of status or right i.e.

  • The declaration asked for should be the same as the declaration that the plaintiff was entitled to a right.
  • The plaintiff at the time of suit was entitled to any legal character or any right to any property.
  • The defendant had denied or was planning or interested in denying the rights of the plaintiff.
  • The plaintive was not in a position to claim a further relief than a mere declaration of his rights which have been denied by the defendants.

But it is still not compulsory that even after the fulfilment of all these essential conditions required for the declaration, the specific relief will be provided through a declaration to the plaintiff. It is totally at the discretion of the court whether to grant relief or not to the plaintiff. It is a total discretionary power which is in the hands of the court and cannot be asked as a matter of right.

Suit for declaration is not maintainable

There are certain circumstances under which a suit for declaration will not be maintainable which are mentioned below:

  • In the case of declaration that the plaintiff did not infringe on the defendant’s trademark.
  • For a declaration That during the lifetime of the tester, the will is invalid.
  • No one asks for a declaration of a non- existent right of succession.
  • A suit by a student against a university for a declaration that he has passed an examination.

If any person is seeking for a mere injunction without seeking for any declaration of title to which plaintiff is entitled so, then the suit will not be maintainable and will not be laid down with it’s the ambit.

In the case of P. Buchi Reddy and Others vs. Ananthula Sudhakar, it was held that the plaintiff’s suit for a mere injunction without seeking a declaration of the title is not maintainable.

Section 35 of the Special Relief Act

According to this section, a declaration made under this section is binding upon both the parties to the suit and the person claiming relief respectively and where any of the parties are trustees on the person for whom if, in existence at the date of declaration, such parties would be a trustee.

Case laws

There are several case laws related to the declaratory decree under the special relief act, 1963 in which several aspects have been covered up. Some of the cases are mentioned below which are related to declaratory decree:

·       Maharaja Benares v. Ramji khan ILR All.138 –

In this case, it was declared that if the suit is filed and the necessary party is absent then the court will dismiss the suit for the declaration. So it is necessary that both the parties should be available. There is no specific rule to decide whether the discretionary power of the court should be granted or not, the discretionary power of the court is being exercised according to the case and there are no specific criteria to decide in which cases the court will exercise it’s a discretionary power.

·       Tara Chandra das v. Secretary of Staten AIR 1939–

In this case, it was held that the court had absolute discretion to refuse the relief if considered the claim to be too remote or the declaration if given, would be ineffective. In this same case, it was observed that the term mentioned above in this article ‘Right to property’ showed that the plaintiff should have an existing right in the property.

Conclusion

The declaratory decree is a provision that focuses on the rights of the plaintiff and gives immense power to the plaintiff to deal effectively against the defendant. According to my opinion, the declaratory decree is a concept that is to be wider and covers more aspects than it currently does and also mainly it should be amended in the long term is that there should be a limitation on the use of discretionary power by the different courts.

 

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