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Declaratory Decree (Section 34 Specific Relief Act)

Principles of Natural Justice & Equity

Definition

A discretionary judicial decree declaring a person's legal character or right to any property, where the defendant denies or is interested in denying that character or right, without necessarily awarding executory relief.

Example

An adopted son whose legal adoption is publicly denied by distant collateral relatives files a civil suit under Section 34 seeking a declaratory decree that he is the lawfully adopted son and sole legal heir of the deceased.