Declaratory decree [section 34 & 35] - Lawyer Adda

Declaratory decree [section 34 & 35]

Declaratory decree means declaration from a court to effect any legal character
or any right as to any property so that there is no adverse attack which could
weaken that legal character or title.

Explanations:-

Whenever any person has reasonable apprehension that his right as to
any property or legal character may attacked and such adverse attack
could weaken his legal character or right.

Than he can institute a suit so that court may declare his right.

It is important to be noted that it is discretion of court to pass
declaration. It is not necessary that in every cases court would pass
declaration.

When declaration is passed, it is binding only on parties of the suit and
it shall not effect the right of third person.

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