All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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45.

Which of the following is/are CORRECT with respect to "Declaratory Decrees" under The Specific Relief Act, 1963?

A: Section 34 of the said Act deals with it.
B: It is discretionary in nature.
C: Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature)
D: None of these

The answer is: C

Explanation

The correct option is C: Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature).

According to Section 34 of the Specific Relief Act, 1963, 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.

This means that the declaratory decree is not a matter of right, but a matter of discretion of the court. The court may grant or refuse the declaration depending on the facts and circumstances of the case. The court may also impose conditions or limitations on the declaration, such as requiring the plaintiff to seek further relief or to pay costs. The court may also decline to grant a declaration if it is not necessary or useful, or if it would cause more harm than good.

Therefore, both the statements in option C are correct with respect to declaratory decrees under the Specific Relief Act, 1963.