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Showing posts with the label Provisions Relating to Declaratory Suit - Specific Relief Act

Provisions Relating to Declaratory Suit - Specific Relief Act

Provisions Relating to Declaratory Suit - Specific Relief Act Question: What do you mean by Declaratory Suit? Is it necessary to file a suit for execute such decree? Answer: Declaratory Suit A person who has a title 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. Giving declaration in a declaratory suit is a discretionary power of the court. Legal Explanation of a Declaratory Suit: 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 e