Declaratory Decrees

In one line

A decree that orders nobody to do anything: it simply states what the plaintiff's status or right is, and its whole value lies in settling a question before it turns into a bigger dispute.

In the words a student can write in an exam: section 34 of the Specific Relief Act 1963 provides that any person entitled to any legal character, or to any right as to any property, may sue any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief; but the proviso bars a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Section 35 provides that a declaration is binding only on the parties to the suit, persons claiming through them, and, where a party is a trustee, on those for whom he would be trustee.

Why a court would declare and order nothing

A declaration gives the plaintiff no money, no property and no injunction. Its value is different and it is real.

It settles a status before it matters. A man whose legitimacy is denied, or whose adoption is questioned, may need that settled long before any property falls in.

It prevents a cloud from hardening. Where somebody asserts a rival claim to property, the owner need not wait until he is dispossessed.

It is often all that is needed. Once the right is declared, most defendants act on it.

It binds by res judicata. Because the question has been decided between the parties, section 11 of the Code of Civil Procedure 1908 prevents it being litigated again by them.

The provision itself

"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 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 some one who is not in existence, and for whom, if in existence, he would be a trustee."

"35. 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 the declaration, such parties would be trustees."