A declaratory decree under Section 34 SRA may be sought by a person
AOnly against the State
BOnly when consequential relief is also sought
CEntitled to any legal character or to any right as to any property, AGAINST a person denying or interested in denying his title — and the court may grant a declaration; the proviso says no court shall make such declaration where the plaintiff, being able to seek further relief, omits to do so
DOnly by the State
Answer & Solution
Correct answer: C. Entitled to any legal character or to any right as to any property, AGAINST a person denying or interested in denying his title — and the court may grant a declaration; the proviso says no court shall make such declaration where the plaintiff, being able to seek further relief, omits to do so
Section 34 codifies the declaratory action. The proviso forces the plaintiff to claim consequential relief (e.g., recovery of possession) where available, preventing splitting of causes of action.
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