Declaration of status (rights) or declaratory decree

Introduction:
Declaratory decrees
The declaratory decree is the edict which declares the rights of the plaintiff. It is a
binding declaration under which the court declares some existing rights in favour
of the plaintiff and declaratory decree exists only when the plaintiff is denied of
his right which the plaintiff is entitled to. After that specific relief is obtained by
the plaintiff against the defendant who denied the plaintiff from his right.
Relevant provision:
Section 42 and 43 deal with the declaratory decree.
The nature of declaratory relief
A declaration is a conclusive statement by a court of equity concerning the rights
of a party or parties in a particular case. A declaration is not an order or a
direction to any party personally, but rather a general proclamation of the
existing legal status of the parties.
Discretion of Court as to declaration of status or right.
Under section 42:
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.
Bar to such declaration:
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 someone who is not in existence, and for whom, if in existence, he would be a
trustee.
Illustrations
(a) A is lawfully in possession of certain land. The inhabitants of a neighboring
village claim a right of way across the land. A may sue for a declaration
that they are not entitled to the right so claimed.
(b) A covenants that, if he should at any time be entitled to property
exceeding one lakh of rupees, he will settle it upon certain trusts. Before
any such property accrues, or any persons entitled under the trusts are
ascertained, he institutes a suit to obtain a declaration that the covenant is
void for uncertainty. The Court may make the declaration.
(c) A is in possession of certain property. B, alleging that he is the owner of
the property, requires A to deliver it to him. A may obtain a declaration of
his right to hold the property.
Essentials of a declaratory suit
There are a total of four essential elements considered for a declaratory Suitor
for the valid suit for Declaration and all the four elements are mentioned
below.

The plaintiff at the time of suit was entitled to any legal character or any right
to any Property.
The defendant had denied or was planning or interested in denying the rights
of the plaintiff.
The declaration asked for should be the same as the declaration that the
plaintiff was entitled to a right.
The plaintiff was not in a position to claim a further relief than a mere
declaration of his rights which have been denied by the defendant.
Object of section 42:
The object of Section 42 of the Special Relief Act, 1877 to provide a perpetual
bulwark against adverse attack on the title of the Plaintiff and to prevent
further litigation by removing the existing cause of controversy. If any of the
essential elements are missing then the court will not provide any relief of
declaration. The Plaintiff has to prove that the defendant has denied or is
interested in denying to the character or title of the Plaintiff and the Plaintiff
has to establish that there must be some present danger to his interest. The
denial must be communicated to the Plaintiff in order to give him a cause of
action. The court must exercise their rights while granting declaratory decree
and only in proper cases, this legal remedy should be granted so as to avoid
multiplicity of suits and to remove clouds over legal rights of a rightful person.
Legal Character
Legal character is attached to an individual’s legal status which shows the
person’s capacity. Legal character by names itself denotes character
recognized by law. In the case of Hiralal v. Gulab, it was observed that variety
of status among the natural person, can be referred to the following listed
causes i.e. Sex, minority, rank, caste, tribe, profession any many more list.
Person Entitled to any Right to Property
The second condition which is to be fulfilled by the Plaintiff for the successful
relief of Declaration or we can just say that for getting Special relief which
should be related to Plaintiff Right to Property. A person seeking special relief
has a condition that they must have a right to any property, only then they can
go for special relief under Special relief Act, 1877.
Declaration asked should be the same as the declaration that the plaintiff
entitled.
The third condition is to be fulfilled by the Plaintiff for the Declaration and for
Special relief. This is considered as essential because it is very necessary to
look that the Plaintiff asking for the declaration from the Court should be the
same as the declaration to which the Plaintiff is entitled under the right to any
Property.
Plaintiff should claim only for mere Declaration
The fourth and the last one which is to be fulfilled by the Plaintiff is that the
suit filed by the Plaintiff should claim only for mere declaration and he is not
entitled to more than that. Excess relief seeking suits will not be entertained
by the court in any manner and there is no restriction or any hard and fast rule
 to entertain such cases where the suit filed is seeking relief more than just
mere declaration.
Effect of declaration
Under section 43:
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.
Example:
A, a person, in a suit to which B, his alleged wife, and her mother, are
defendants, seeks a declaration that his marriage was duly solemnized and an
order for the restitution of his conjugal rights. The Court makes the
declaration and order. C, claiming that B is his wife, then sues A for the
recovery of B. The declaration made in the former suit is not binding upon C.
A declaratory decree is a court order that declares the legal rights of the parties to a lawsuit.


The decree only binds the parties to the lawsuit and those who claim through them.


The decree does not bind the world at large.

If any of the parties to the lawsuit are trustees, then the decree will also bind the persons for whom

the trustees hold the property.

Conclusion:

A declaratory decree is a court order that declares the legal rights of the parties to a lawsuit. It
does not create any new rights or extinguish any existing rights. It simply clarifies the legal
position of the parties so that they know what their rights are.
Declaratory decrees can be granted to perpetuate and strengthen the plaintiff's right, remove
clouds over the plaintiff's legal rights, and prevent multiplicity of suits. The court will consider
the likelihood of the plaintiff's rights being challenged in the future, the extent to which the
declaratory decree will clarify the plaintiff's legal rights, the possibility of multiplicity of suits,
and the public interest when deciding whether to grant a declaratory decree.