Can the Court grant Declaratory Decree without a Dispute?

Dear Assumi Sir,

The law has been stated succinctly in para 511, pp.
212-215 of Halsbury's Laws of England (Hail-sham Edition), Vol. 19, in these terms:

     "Judgments and orders are usually determinations of rights in the actual circumstances of which the Court has cognisance, and give some particular relief capable of being enforced. It is, however, sometimes convenient to obtain a
judicial decision upon a state of facts which has not yet arisen, or a declaration of the rights of a party without any reference to their enforcement. Such merely declaratory judgments may now be given, and the Court is authorised
to make binding declarations of right whether any consequential relief is or could be claimed or not. There is a general power to make a declaration whether there be a cause of action or not, and at the instance of any party who is
interested in the subject-matter of the declaration, and although a claim to consequential relief has not been made, or has been abandoned or refused, but it
is essential that some relief should be sought or that a right to some substantive relief should be established". (The underlined is ours).

     It can at once be seen that a declaration falling outside Section 34 of the Specific Relief Act will be governed by the general provisions of the Civil P. C. like Section 9 or Order 7, Rule 7,

In the decision in Supreme General Film
Exchange Ltd. v. Brijnath Singhji, AIR 1975 SC 1810, it is ruled that the circumstances in which a declaratory decree under Section 42 should be awarded is a matter of discretion depending upon the facts of each case. Thus where the
act complained of deprives the plaintiff of certain present rights to property and the declaratory decree has the effect of giving present relief as well, the Courts shall have power to make such a declaration.

In Sheo Singh Rai v. Mst. Dakho, (1877-78) 5 Ind App 87 (PC), the law is very precisely stated in the
following terms:

     ".........a declaratory decree ought not to be made unless there is a right to some consequential relief which, if asked for, might have been given by the Court or unless in certain cases a declaration of right is required as a step to
relief in some other Court."

Thus Court's power to grant declaratory decrees is not limited to the terms of Section 34 (present) or Section 42 (old) of the Specific Relief Act. Declaratory decrees
can well be made by the Courts under the general provisions of the Civil P. C. as Section 9 or Order 7 Rule 7, of the Code. The exercise of jurisdiction to grant such declaratory reliefs beyond the terms of that section shall depend upon the facts of each case. Such a declaration may be granted when it is essential as a step to a relief in some other case or when a declaration in itself is a substantial relief and has immediate coercive effect.
  It is well settled that it is not an absolute right to obtain a
declaratory decree. The Courts have a discretion in the matter of grant of such declaratory reliefs. The Courts must exercise sound judgment while granting or
refusing such reliefs. Danger to involve the opponent in vexatious litigation should be carefully avoided.

Shree, that is simply great. I was just going through the case of 1996-(002)-SUPREME--0018-SC, and it struck me like a thunder blow, and thought  of sharing in the forum.Thank you for the confirmation.

AASUMI SIR i would like to join the discussion. As section 34 of SRA uses the words 'interested in denying', there can be a declaratory decree without any actual dispute. Correct me please if m wrong.

yes, Anil, ou have hit the bull's eye.