Declaratory Decree

No judgment and decree, by virtue of S.43 of Specific Relief Act, 1877, passed in a suit would be binding on a person unless such person is a party to the suit or is claiming through any party to the suit

Claim of applicants was based on having acquired right in suit land by way of a registered sale deed through power of attorney which had been declared as illegal, forged and fabricated in judgment and decree passed by Trial Court, therefore, the decree was binding on applicants

High Court declined to interfere in concurrent findings of facts by two Courts below as the same did not suffer from jurisdictional defect nor there was any infirmity or illegality

Revision was dismissed in circumstances.

Although such presumptions were rebuttable, but for their rebuttal a party must produce evidence on the basis of standard as set forth by the (Supreme) Court.

Neither original mutation had been challenged nor transferees of the land had been impleaded as defendants in the present suit

Suit had been filed with a delay of more than twenty years which was barred by time

Limitation for filing a suit for declaration was six years from the date when right to sue accrued

Declaratory decree could declare pre-existing rights but could not the new one

Present suit was not competent

Trial Court had rightly dismissed the same

Impugned judgment and decree passed by the Appellate Court were set aside and those of Trial Court were restored

Suit was dismissed with costs throughout

Revision was allowed in circumstances.

Declaration of title could not be granted in favour of a plaintiff who claimed a right in immovable property on basis of agreement to sell

Declaratory decree declared a pre-existing right and could not create or confer a new right.

Declaratory decree could declare a pre-existing right and could not create or confer a new right.

Principles.

Such decree declares a pre-existing right and it does not create a new right in favour of plaintiff.

Declaratory Decree Pointing out illegality of Government action-Government expected to honour declaration.

Declaratory Decree -Pointing out illegality of Government action-Government expected to honour declaration.