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Thread: Q. What is declaration? explain the procedure and principles for declaration. (2005)

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    Word Icon 35px Jpg.ashx Q. What is declaration? explain the procedure and principles for declaration. (2005)

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    Q. Sate the cases where a court may make a declaration of status of right and what is its effects. (2002)
    Q. What do you mean by declaration of rights discuss the remedy as laid down by specific relief act. (1998) (2000) (2006)
    1. Introduction:

    Declaration is an authoritative pronouncement by the court in respect of a person's right to property or his status. declaration under specific relief act is particular type of relief where there is no specific performance, no award of compensation but merely a declaration of rights of the parties.
    2. Relevant Provisions:
    Sec. 42, 43 specific relief act.
    3. 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 there in 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 declaration where the plaintiff being able to seek further relief than a mere declaration were the plaintiff being able to seek further relief than a mere declaration of title, omits to do so.
    Illustration:
    A is lawfully in possession of certain land. the inhabitants of a neighbouring village claim a right of way across the land. A may sue for as declaration that they are not entitled to the right so claimed.
    4. Object of declaration:
    The object of declaratory decree is that where a person's status or legal character has been defined he may have a remedy.
    5. Who may sue:
    (i) Persons having any legal character or
    (ii) Person having any right to any property.
    6. Against whom suit can lie:
    (i) Any person who is dening a right.
    (ii) Interested to deny his title of such character of right.
    7. Case law:
    2004 MLD 227
    It was held that any person entitled to any right as to any property can file such suit against any person denying or interested to deny his such title or right.
    8. Essentials for declaratory suit:
    Following are essentials for declaratory suit.
    I. Legal character:
    The plaintiff must be entitled to any legal character at the time of suit.
    II. Right to property:
    The plaintiff must be entitled to a right to property.
    III. Denyial by defendant:
    Defendant should have denied or interested to deny the legal character or right to property of the plaintiff.
    IV. No other consequential relief:
    The plaintiff should not have no other consequential relief.
    9. Nature of declaratory relief:
    Declaratory relief is equitable remedy it cannot be claimed as matter of right. it is a relief where the legal position is declared in a dispute.
    10. When consequential relief is not prayed:
    When consequential relief is not prayed by the plaintiff the court can dismiss the suit
    11. Declaration when refused by the court:
    In the following cases declaration is refused by the court.
    I. Vexatious litigation:
    In vexatious litigation declaration is not given by the court.
    II. Evasion of court fee:
    In case of evasion of court fee declaration would be refused by the court.
    III. Multiplicity of suit:
    In case of multiplicity of suit declaration would be refused by the court.
    12. Scope:
    Any person entitled to any legal character or to any right as to any property may institute a suit against any person denying or his title or right and the court may in it discretion make there in a declaration and that he is so entitled and the plaintiff need not in such suit are ask for further relief.
    13. Effect of declaration:
    Declaration is binding on the parties to the suit and persons claiming through respectively.
    14. Conclusion:
    To conclude i can say that court grants declaration of rights in order to ensure and protect the interests of people at large. the court cannot grant declaration on question of law. A suit for declaration can be filed by any person which is entitled to any legal character or any right to property but where right of his own legal character or property is not involved the suit is not maintainable.

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