Judicial Dictionary - D

Judicial Dictionary


Legislative Dictionary


Declaratory Suit

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CategoryD
TitleDeclaratory Suit
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A suit in which the plaintiff requires the court to declare some right as existing in his favour.

Under section 42 of the Specific Relief Act a case will lie when the plaintiff proves that he is entitled to a legal character or right and the defendant is denying such legal character or right. [Hasamat Ali vs. Mofizuddin Majhi 37 DLR]

A suit for mere declaratory relief under section 42 of the Act without stating anywhere in the plaint as to the legal ‘character’ or ‘status’ of the plaintiff enabling him to make such a prayer for declaration is not maintainable in law. Such a plaint is no plaint in the eye of law and it is liable to be rejected in exercise of the inherent power of the Court – the Specific Relief Act, 1877 (I of 1877), section 42. [Md. Ayub vs. Sonali Bank and others, 14 BLD(HCD) 236]

See, section 42 of the Specific Relief Act, 1877(I of 1877).

Created OnApril 23, 2011, 9:06 AM
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