Specific Relief Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 35 of Specific Relief Act: Effect of declaration
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.
Legal Commentary & Landmark Judgments: Section 35
Section 35 of the Specific Relief Act, 1963 governs the effect of a declaratory decree, establishing that a declaration made under Chapter VI is binding only on the parties to the suit and persons claiming through them respectively, and is not a judgment in rem.
Declaration Operates In Personam: A declaration made under Chapter VI is binding only on the parties to the suit, persons claiming through them respectively.
Trustees & Beneficiaries: Where any of the parties are trustees, it binds persons for whom if in existence at the date of the declaration such parties would be trustees.
Not a Judgment In Rem: Declarations under Section 34/35 operate strictly in personam, unlike judgments in probate, insolvency, or admiralty under Section 41 of the Evidence Act / BSA.
No Prejudicial Effect on Third Parties: A stranger to the suit who holds independent title is not bound by a collusive or ex-parte declaratory decree.
Key Landmark Precedents:
Razia Begum v. Anwar Begum, AIR 1958 SC 886: The Supreme Court authoritatively analyzed Section 35, ruling that declaratory decrees are judgments in personam; a declaratory decree regarding marital status or paternity binds only the parties to the suit and does not operate against the whole world.
Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: Reaffirmed the precise operational boundaries of declaratory relief under the Specific Relief Act.
Courtroom Practice & Strategic Litigation Guidance:
If a rival party sets up a collusive declaratory decree obtained behind your client's back, cite Section 35 and Razia Begum to prove that the decree is strictly in personam and has zero legal binding effect against your client.
Legal Commentary & Landmark Judgments: Section 35
Section 35 of the Specific Relief Act, 1963 governs the effect of a declaratory decree, establishing that a declaration made under Chapter VI is binding only on the parties to the suit and persons claiming through them respectively, and is not a judgment in rem.
If a rival party sets up a collusive declaratory decree obtained behind your client's back, cite Section 35 and Razia Begum to prove that the decree is strictly in personam and has zero legal binding effect against your client.