Sections 34 and 35 lay down the law relating to declaratory decrees. A declaratory decree is a decree declaratory of a right which is doubtful or which requires to be cleared. The object of declaratory decrees is to prevent future litigation by removing the existing cause of the controversy.
It is essential for a decree under Section 34, Specific Relief Act, that the plaintiff must be entitled to any legal character to any right to property. It may be observed that the words "legal character" and "to any right as to any property" are separated by the disjunctive "or" and, therefore, the plaintiff can maintain a suit for a mere declaration, if he can show that he is entitled to any legal character, even thought he cannot lay an immediate claim to any property.
(i) Essentials to be set up for relief under Section 34
(1) That the plaintiff is entitled to a legal character at the time of the suit, or to any right as to any property.
(2) Defendant has denied these or he is interested in denying that character or right of the plaintiff, and
(3) The plaintiff is not in a position to ask for relief consequential upon the declaration.
If these conditions are satisfied, the plaintiff need not ask for any further relief than a mere declaration. But the court shall not make any such declaration if he, being able to seek further relief than a mere declaration of title, omits to do so.
(ii) Frame of plaint
1) the title or right claimed by the plaintiff,
2) the circumstances in which the cloud was cast over the same or the same was denied or threatened,
3) the prayer.
(iii) Further relief where plaintiff entitled to it (Proviso)
The term "further relief" means "the relief to which the plaintiff is necessarily entitled on the basis of declaration of the title." This is done in order to avoid multiplicity of suits.
Further, relief must be in relation to the legal character or right to such character or the right which the defendant denies or is interested in denying. It must also be relief appropriate to, and consequent on the right asserted.
Parties who are bound by declaration
35. Effect of declaration.- A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and 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.
Section 35 lays down that a declaration made under this chapter (i.e. Chapter VI of the Act) is binding only:
(i) on the parties to the suit,
(ii) on persons claiming through them respectively, e.g. reversioners, widows and sons etc., and
(iii) where any of the parties are trustee, on the persons for whom, if in existence at the date of the declaration such parties would be trustees.