A Declaratory Suit Offers an Effective Way to Establish the Legal Character or Identity of An Individual: An Overview Based on Statutory Provisions and Legal Decisions

Abstract

A declaratory suit is an opportunity for an individual to seek a clear and official declaration from a court regarding the status of his or her legal character, identity, or right to property in a situation in which his or her legal character or title is denied or interested to be denied by someone. In other words, a declaratory suit is one in which the plaintiff seeks a declaration of rights without asking the defendant to do anything or pay for anything. Moreover, the declaration does not confer any new entitlements upon the plaintiff; rather, it just affirms the preexisting rights that the plaintiff has. This paper aims to provide an overview of the provisions outlined in section 42 of the Specific Relief (S.R) Act, of 1877, dealing with declaratory suits. The main focus of this research is to analyze the circumstances under which a person may or may not be eligible to file a declaratory suit and to how a person can successfully establish his or her legal character or identity through the judicial system under section 42 of the S.R. Act, 1877.