Declaratory decree as to presumption of death
G.Padmanabhan
(Querist) 28 June 2009
This query is : Resolved
One of my client's husband, employed on railways, went missing in oct 1995, and an FIR was filed, and untraceability certificate issued by police after 11 years. Now, for the wife to get full terminal benefits from the railways, she was advised to get a 'deemed dead' decree from a competent court. Suit for declaration for deemed death filed by the wife. But, no further relief has been prayed. Will failure to pray for further relief (Proviso to S.34 of Specific Relief Act) be an hindrance to get a declaration from the court? Parties impleaded were District collector and the employer. The plaintiff has no necessity for further relief from a court. Further relief based on the court's declaration is available only with the administrative (railways) authorities? Any judgement to the effect that where the plaintiff's further relief is before administrative authorities, it is entitled to declaratory decree even if further relief has not been prayed for.?
Kiran Kumar
(Expert) 28 June 2009
One thing that i ve observed is that such suits are generally filed against the General Public, here in the state of Punjab but i dont know the procedure in ur state.
as far as ur query is concerned i dont think there is any necessasity of any further relief....moreover what else we can pray for?
in my opinion proviso to S.34 of SRA will not be a hurdle to ur case.
G.Padmanabhan
(Querist) 28 June 2009
Mr.Kiran Kumar,
Would you please elaborate on the point of filing such suits against general public?
How do you describe the defendents, and how do you go about the service of process?
Y V Vishweshwar Rao
(Expert) 01 July 2009
A decree is obtaiend declaring that X is no more and declared as not seen continiously for seven years . It is death Declaration in a suit and the same is proved and decree is passed .
So far the entitlment is concnerned it is by death of person and decree shows that X died and the sucession follows and the Service Terminal benifits to be processed accordignly !
PALNITKAR V.V.
(Expert) 03 July 2009
Suit for declaration of death of a person is maintainable without asking for further relief. The defendant can be the Govt or the Railway admn in your case.
G.Padmanabhan
(Querist) 03 July 2009
Thanks to members for their valuable guidance.
