Section 34
Discretion of court as to declaration of status or right.
About this Act
An Act to define and amend the law relating to certain kinds of specific relief.
Any person entitled to any legal
character, or to any right as to any property, may institute a suit against 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.
Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.
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.
Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.