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VIKAS GARG (LAWYER)     11 March 2009

specific relief act query

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.



Learning

 8 Replies

PALNITKAR V.V. (Lawyer)     12 March 2009

If you can seek further relief then a simple suit for declaration may fail. It may also attract bar of constructive res judicata

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

there are decisions of supremme court whre it has been held that suit can be brought for declaration only without any consequencial releif. but subsequent suit will be barred by constructive res judicata


 

Y V Vishweshwar Rao (Advocate )     12 March 2009

 I agree with  the views expressed by Shri Palnitkar & Shi  Tripati


The Plaiantiff at his  option choose the releif he wants at the same time on the same cause of action  he must keep in mind if any releif is not  prayed for the same  can not be agistated in another suit . For such situation to keep another releif in respect of the same Cause &  proerty,  the plaintiff must at the time  of filign the suit shall seek permission of the Court to file another suti in respect of the other reliefsnot prayed for and  to which he is entitled  to .  -----  Order 2 CPC and  Resjudicate prinicples  will apply  - YVVR RAO Advocate Warangal AP

VIKAS GARG (LAWYER)     12 March 2009

Thanks everybody. Palntikar sir could plz


illustrate your statment.

VIKAS GARG (LAWYER)     12 March 2009

one more thing i want to know do first statement of both Plantikar sir and tirpathi sir means same thing or different things or same thing but describes different views.

Prabhat Kumar (Advocate)     19 March 2009

As the section itself says that any suit for decleration without further relief shall fail if the plaintiff able to seek the further relief and omits to do so.


Apart from this no further action in terms of that cause of action can be brought in future once the plaintiff relinquished the part of the claim in terms of Order 2 Rule 2 of the CPC. 

Y V Vishweshwar Rao (Advocate )     22 March 2009

 


In  a  suit  for declaration of Title either he may  be in possession  in that case  the Plaintff  should ask for Injuction not to interefere with his possession


If the Plaintff is not in posession he should  ask for Recovery of possession


The  other releif which the plaitnff is entiled to,  is  towards enjoyment of the proerty  in consequnece the main releif .


Therefore the other releif should not omitted in the Suit  and I  think  the Proviso  under Sec 34 contemplates the same


 

A V Vishal (Advocate)     12 May 2009

Originally posted by :palnitkar
" If you can seek further relief then a simple suit for declaration may fail. It may also attract bar of constructive res judicata "


 


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