Declaratory Decree

Introduction

A declaratory decree is a decree, declaring the right of the plaintiff.[1]

 It is a declaration under which the court declares some existing rights favouring the petitioner and its existence comes into action only when the petitioner is denied of the right which he/she is automatically entitled to.

What does the Specific Relief Act say?

According to article 34:

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 wherein the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

Explanation: A trustee property is a “person interested to deny” a title adverse to the title of someone who is not in existence, and for whom, if in existence, he would be a trustee.[2]

Essential features of a declaratory decree

There are 4 important essential features of a declaratory decree;

1. The plaintiff at the time of suit was entitled to any legal character or any right to any property.
2. The defendant had denied or was planning or interested in denying the rights of the plaintiff.
3. The declaration asked for should be the same as the declaration that the plaintiff was entitled to a right.
4. The plaintiff was not in a position to claim a further relief than a mere declaration of his rights which have been denied by the defendant.[3]

Refusal/ Denial of Declaratory Decree

1. The courts will not grant decree unless there is substantial injury. This was said in the case of “Chakowri v. secy of state”, 5 PAT

• No declaration will be made where the plaintiff’s claim has never been denied by the defendant. This was laid down in the case of “Pitchai v. Devaji” AIR.

• A declaration cannot be given to the plaintiff whose conduct is fraudulent; “Narainbai v. Narbada” AIR.

• A declaration may be refused where some other remedy would be more effective; “Thakurji v. Kamta” AIR.

• Non- joinder of necessary parties is a good ground for refusing to grant a declaration decree in the exercise of discretionary power because the court will not make a decree which is ineffective; maharaja of” Benares v. Ramji”,27 ALL.

• Great delay in bringing a suit may of itself be sufficient to refuse the declaratory relief of a declaration; “Shiambehari v. Madan”, AIR.[4]

These rules, definitely are not the hard and fast rules regarding the denial of the declaratory decree but were the important points made in the above-mentioned case laws that may serve some purpose.

They serve as the basic requirement/ things to not do if denial of the decree is what we do not wish for.

Declaratory decree provisions bring out to merely perpetuate and strengthen the plaintiff in case of an even adverse attack so that the attack on the plaintiff cannot weaken his case and it is mentioned the case of Naganna v. Sivanappa[5]. And by arguments made in this case, it encourages the plaintiff to come forward to enjoy the rights which they are entitled to and if any defendant denied the plaintiff from providing any rights for which the plaintiff is entitled, then it gives them the power to file the suit and get special relief.

Effect of Declaration

Section 43 says that “ a declaration made under this chapter is binding only on the parties to suit, persons claiming through them respectively, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.[6]

This means that a declaratory decree is binding only on the parties to the suit and upon the representatives of the parties to the suit. So the declaratory decree is “in personam” and not “in rem”

Conclusion

A declaratory decree is a decree which is focused on the rights of the plaintiff of a case and immensities the power given to the plaintiff for an effective fight opposite to a defendant. When a declaratory decree is used or when the decree is denied to the plaintiff are the main points to keep in mind because this decree giver power to the plaintiff but not with an intention of misusing the very same power.

According to my opinion and analysis, misusing the declaratory decree may not be possible since clear cut viewpoints were laid down by judges in respective case laws. But at the same time, this decree gives to the plaintiff a sense of relief when his/her rights are denied or are at stake, which ensures that the rights are given back to the plaintiff by way of a declaratory decree and serves as a warning for the defendant.

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References:

[1] “what are the declaratory decrees and how the court can use this discretionary power?” srd law notes

https://www.srdlawnotes.com/2018/06/what-are-declaratory-decrees-and-how.html

[2] THE SPECIFIC RELIEF ACT, 1963, section 34.

[3] Diva Rai, “declaratory decree under specific relief act, 1963”,  iblog pleaders, ( April 1^st 2020)

https://blog.ipleaders.in/declaratory-decree-under-the-special-relief-act-1963/

[4] Anoop Singh, “declaratory decree under specific relief act- the law”, (2^nd July, 2016)

http://jurislawchamber.blogspot.com/2016/07/declaratory-decree-under-specific.html

[5] (1915) ILR 38 Mad 1162.

[6] THE SPECIFIC RELIEF ACT, 1963, section 43.