Code: Section 35 – The Specific Relief Act
35.
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.
Explanation of Section 35 – The Specific Relief Act
Section 35 explains the effect of a court’s declaration. It states that the declaration is only binding on:
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The parties directly involved in the case.
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Anyone claiming through these parties.
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In the case of trustees, the declaration binds the persons who would have been the beneficiaries if they were alive at the time of the declaration.
This ensures that the declaration has a limited scope. It doesn’t apply beyond the immediate parties or their legal successors.
Illustration
Example 1: Binding on the Parties
A court declares that a piece of land belongs to the plaintiff. This declaration only affects the plaintiff and the defendant involved in the case. If either of them has heirs or assigns, they too will be bound by the declaration.
Example 2: Impact on Trustees and Beneficiaries
Suppose a trustee holds property for the benefit of a beneficiary. If the court declares the beneficiary’s entitlement, the declaration will bind the trustee. Additionally, it will apply to the beneficiary, provided they were alive when the declaration was made.
Common Questions and Answers on Section 35
1. Who is affected by a declaration made under Section 35?
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Answer: The declaration is binding only on the parties involved in the suit, anyone claiming through them, and, in the case of trustees, the beneficiaries who would have been entitled if alive at the time.
2. Does the declaration impact people who are not part of the case?
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Answer: No, it does not. The declaration only applies to the parties to the suit, their claimants, and any applicable beneficiaries.
3. How does Section 35 affect trustees?
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Answer: When a trustee is involved, the declaration is binding on the trustee and any beneficiaries. However, it only applies if the beneficiaries would have been entitled at the time of the declaration.
Conclusion
Section 35 of The Specific Relief Act ensures that the effect of declarations is clear and limited. It binds only those who are directly involved in the case and, in the case of trustees, extends to the beneficiaries. This protects the legal rights of those who are parties to the case while maintaining the scope of the declaration.
