Section 34 – Discretion of Court as to declaration of status or right

Section 34 – Discretion of Court as to declaration of status or right :

Any Person entitled to any legal character, or to any rights as to any property, may institute a suit property 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 

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.  

The Declaratory relief under section 34 of the Specific Relief Act, 1963 is in the nature of equitable relief for granting of an already existing right which has been denied by the other party. It does not seek anything to be paid or performed additionally by the defendant. In Simple Terms, this section does not warrant every declaration but that the plaintiff is entitled to such legal character or right and only under special circumstances.

Section 34 of the Specific Relief Act, 1963 contemplates certain condition which are to be fulfilled by plaintiff. In order to obtain the relief of declaration the plaintiff must establish that ..

1. The Plantiff was at the time of the suit entitled to any legal character or any right to any property. 
2. The Defendant had denied or was interested in denying the character or the title of the plaintiff. 
3. The declaration asked for was a declaration that the plaintiff was entitled to a legal character or to a right to property. 
4. The plaintiff was not in a position to claim a further relief than a bare declaration of his title.  

It is to be submitted that the fourth requisite is not correct as the section only says that if any further  relief could be claimed it should have been prayed for. Since declaration is an equitable remedy and the Court still has a discreation to grant  or refuse the relief depending on the circumstances of each case. 

Thus a person claiming declaratory relief must show that he/she is entitled 

1. To a legal character, or 
2. To a right as to property, and that 
3. The defendant has denied or is interested to deny his title to such character or right and 
4. He has sought all reliefs in the suit. 

Legal Character :- 

 A Man’s status or legal status or “legal Character” is constituted by attributes, which the law attaches to him in his individual or personal capacity, the distinctive mark or dress as it were, with which the Law clothes him. Legal character means a position recongzied by Law. According to Holland the chief variety of status among natural persons may be referred to the following causes: Sex, Minority, Mental defect, rank, caste, official position, civil death, illegitimatacy , Profession , Etc. any person who has been denied of the legal character and not necessarily the legal right may sue against the person denying. A legal character constitutes of the attributes that the law attaches to him in his personal capacity such as  marriage , adoption, divorce, legitimacy etc. Thus, the character or status should have been conferred by law on persons i.e. created by birth and not by Contract. 

Consequential Relief :- 

There may be real dispute as to the plaintiffs legal character or right to property, and the parties to be arrayed, yet the court will refuse to make any declartion in favour of the plaintiff, where able to seek further relief than a mere declaration, he omits to do so.