My question deal with section 34 of Specific relief act..sec 34 of the act as follows:
Section 34 - Discretion of court as to declaration of status or right
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 thecourt may in its discretion make therein a declaration that he is so entitled, and the plaintiff neednot 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 some one who is not inexistence, and for whom, if in existence, he would be a trustee.
i would like to know implications of these lines:
"
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.
"
if anybody want only relief of declaration then what will be consequences -- whether that other remedy, which i am not availing, is barred in other suit or present suit for declaration is also not liable to entertain.
