Drafting a suit/ plaint can sometimes seem daunting for new lawyers. Here are my two cents on drafting a suit for declaration under Section 34 of Specific Relief Act,1963.
These tips helped me secure a favorable interim order in my first case:
A. DO NOT MISS OUT ANY PARTY FROM YOUR PLAINT against whom a potential relief is sought;
B. RULES UNDER ORDER II (FRAME OF SUIT) AND ORDER VI (PLEADINGS GENERALLY) OF CPC, 1908 WILL COME HANDY. State every fact (material/ nonmaterial), ground, attach all documents and pray all consequential reliefs in your
plaint apart from seeking mere declaration of legal character/ right to a property against the Defendant(s);
C. READ SOME COMMENTARY ON DECLARATORY SUITS WHILE DRAFTING. Reading one or two commentaries gave me a perspective on the essential conditions to be covered in order to maintain a suit under S. 34, SRA 1963;
D. Your PLAINT MUST UNCONDITIONALLY ESTABLISH the following:
i. That the plaintiff is a person entitled to any “legal character” or to any right as to a property;
ii. That the defendant is a person denying or interested to deny the plaintiff’s title to such character or right;
iii. The declaration sued for is a declaration that the plaintiff is entitled to a legal character or to a right to property; and
iv. Seek further relief(s) than a mere declaration of title or legal right to avoid dismissal of suit under Proviso to Section 34 of SRA 1963. Say, if a plaintiff brought a suit under said section before the Court seeking a declaration against the defendant that plaintiff is the sole owner of a property, he must seek the consequential relief relating to possession of the property in his plaint.
E. Whilst drafting a Stay Application under Order 39 Rule 1 and Rule 2 of CPC,
DO NOT MISS an important facet: the grounds, facts stated in the stay application
must also reflect in your suit.
