Skip to main content

Posts

Showing posts from October 13, 2023

Declaratory Suits & Decrees - Specific Relief Act

Declaratory Suits & Decrees Question: What is a declaratory decree? In which suits and under what circumstances can a declaratory decree be issued? What are the exceptions? Answer: Declaratory Decrees: A person who has a right to any property or a person who has a legal status can exercise his right without any interference. If someone objects or interferes with his or her rights or legal status, he or she can sue and get a declaration of his or her rights. Such a suit is called a declaratory suit. A decree issued in a declaratory suit is called a declaratory decree. Section 42 of the Specific Relief Act of 1877, has provided for declaratory suit. According to this section, "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 i