What are the Declaratory Decrees and how the Court can use this Discretionary Power?

1) What is Declaratory Decree - 

A declaratory decree is a decree declaring the right of the plaintiff. Declaratory judgment is a judgement which early states that the rights of the parties in an already complicated transaction

2) Discretion of court as to declaration of status or right  -

According to 34 of Specific Relief Act 1963 -

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

      Explanation: A trustee of 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.


Examples -

1)   A is lawfully in possession of that certain land. The inhabitants of a neighbouring village claim a right of way across the land. A may sue for declaration that they are not entitled to the right so claimed.


2) A alienates to B property in which A had merely a life interest. The alienation is invalid as against C, who is the revisioner. The Court may in a suit by C against A and B declares that C is so entitled.

3) When suit for declaration does not lie -

A suit for declaration will not lie in the following cases-

(1) For a declaration that the plaintiff did not infringe the defendant's Trademark. Negative declaration will not be allowed.

(2) For the declaration that the plaintiff is a purchaser under an unregistered deed of sale.


(3)For a declaration, during the lifetime of testator, that the Will is invalid. The reason is that the Will is revocable and no property is transferred during the lifetime of the testator.

4) 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 declaration, such parties would be trustees. (Section 35.Effect of declaration)


See also 

What is Preventive Relief ?

What are the cases in which Injunction can be refused ?

What are the cases in which Specific Performance of Contract are enforceable ?