Which of the following statements is true regarding a decree of declaration I 1t creates no new...........

Specific Relief Act (SRA) 1963 Specific Performance of Contract

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Which of the following statements is true regarding a decree of declaration?

I. 1t, creates no new rights.

II. It cannot be prayed as a matter of right

III. If all the parties are not joined, declaration cannot be granted.

IV. Such a decree is conclusive between the parties to it and persons litigating through them.

I, II, III IV

I, III IV

I, II, III

I and II

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Explanation:

it is only declaring an existing state of things and does
not create new rights. According to section 34 of the Specific Relief Act - .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