Suits for Declarations and Injunction


Suits for Declarations

A suit for declaration is one the commonly used and effective civil suits by advocates in India. It aims to seek relief of declaration and injunction from a competent court. The relief of injunction in a suit for declaration is the consequential relief in most cases.

The section 34 and 35 of the Specific Relief Act talks about the declaratory decrees. The term “declaration” refers to the ruling by the Court related to a person’s right to property i.e., movable or immovable or any other right, and that is obligatory to the society at large. Where in civil cases the courts declare liabilities, rights and duties of the parties to the suit over a specific issue. It is not similar to specific performance of a contract or way to compensate though it is only a declaration of rights of the parties. Where the parties to the suit seek mere declaration of title and not consequential relief, the court shall not pass the decree of declaration.

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RELIEFS

The other kinds of reliefs are as follows:

Temporary Injunction

As per Order 39 Rule 1 to 5, temporary injunction refers to a provisional relief that aim s to protect the subject matter in the ongoing suit, without the defendant’s interference. The Court has the discretionary power to grant temporary injunction to protect the suit, if it has a reason to believe that till final decree is passed the suit could be damaged, or moved out of jurisdiction.

A temporary injunction is granted when it is proved by affidavit or otherwise, that the opposite party i.e. the defendant may cause injury to the plaintiff in relation to the property in dispute. Rule 1 of Order 39 aims to protect the property in dispute till the Court may pass final decree.  It is a judicial process through which a person is ought to or restrict them from doing a specific act.

It is in the nature of preventive relief to a litigant to prevent future possible injury. It is settled law that grant of injunction is a discretionary relief. The exercise thereof is subject to the court satisfying that,

  • There is serious disputed question to be tried in the suit and that an act, on the facts before the court, there is probability of his being entitled to the relief asked for by the Plaintiff/defendant;
  • The court's interference is necessary to protect the party from the species of injury. In other words, irreparable damage or injury would ensue before the legal right would be established in trial and
  • That comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than would be likely to arise from granting it.
Permanent Injunction

A court can grant permanent or perpetual injunction on the merits of the case through a decree passed on the date of hearing. Whereafter, the defendant is restricted from the commission of a specific act or from claiming right over the disputed property.

Interlocutory Order

They are the kind of orders that are interim in nature which is passed in an ongoing suit and may be essential for the suit to progress, which are collateral to the disputes to be determined by the court in the final judgement.

Specific Performance

A specific performance is equitable relief that is granted by the courts when there is breach of contract in the form of judgment that said the defaulter shall perform and fulfil all the terms and conditions. In that case compensation cannot fill the void or be enough and the law has a way to make the parties fulfil their obligations. 

However, no direction for specific performance of a contract will be passed where the breach can be compensated monetarily. Declaration is the pronouncement by the Civil Court in respect of a person's right to property whether movable or immovable or in respect of any other right, which once passed, becomes binding on the world at large. It is pronounced in civil cases where the Court declares the rights, liabilities, duties of the parties over certain issues. This is not specific performance of a contract or award of compensation/ damages but merely a declaration of rights of the parties. The Court shall not give the decree of declaration where a party does not seek consequential relief but a mere declaration of title.

Who shall file a suit for declaration?

  • Any person who has legal character
  • Person who has right in any property.
  • Any person against whom a suit can be filed
  • Anybody who is refusing his/her right, or
  • Any person who denies his/her title of such character of right

Conclusion

There are various kinds of civil suits, one of the most commonly used is the Suits for Declarations and Injunction by experienced advocates. ELT Consultants are renowned Litigation lawyers and offer services like Suits for Declarations and Injunction.

FAQs

A suit for declaration is one of the common and effective types of civil suits a lawyer can file. One shall choose this suit to seek a relief of declaration and injunction by the court. It is a kind of suit in which a court shall give declaration on an issue by way of a decree.

The limitation period of suit for declaration is given under the Limitation Act, 1963 is three years from the date when the right to sue accrues.

A suit for declaration is filed with regard to the property and seek rights of a certain part or the entire property belonging to a particular person or a group of persons (legal heirs). It determines if the legal heirs are entitled to the property of the deceased person or not.

A permanent injunction is granted by the decree of the court upon the merits of the case. Whereas, a temporary injunction is granted for a particular time and at any given stage of the suit.

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