Which of the following is true ........

Specific Relief Act (SRA) 1963 Declaratory Decrees

Which of the following is true?

Declaration of a right to collect alms: Such a suit is not of a civil nature, within the purport of Section 9 of the Civil Procedure Code, 1908, thus the suit is out-rightly not maintainable.

Declaration of caste: A declaration of one’s caste will not be a suit of a civil nature, and thus, is barred under Section 9 of the Code of Civil Procedure, 1908. However, if one claims reservation on the basis of his caste then such right to reservation is a legal right and hence, the suit will be allowed to be instituted as it relates to one’s legal character.

Both a and b

Neither a nor b

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Explanation:

Section 34 Examples of declarations that can be sought under Section 34 of the Specific Relief Act, 1963:

g. Declaration of a right to collect alms: Such a suit is not of a civil nature, within the purport of Section 9 of the Civil Procedure Code, 1908, thus the suit is out-rightly not maintainable. No doubt such a suit is related to legal character but under Section 9 of the Code of Civil Procedure, 1908, such a suit will not be allowed as it is not related to a legal right and hence, it is not a suit of a civil nature.

h. Declaration of caste: Caste is a social issue and not a legal issue and therefore, a declaration of one’s caste will not be a suit of a civil nature, and thus, is barred under Section 9 of the Code of Civil Procedure, 1908.

However, if one claims reservation on the basis of his caste then such right to reservation is a legal right and hence, the suit will be allowed to be instituted as it relates to one’s legal character