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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter VI: Declaratory Decrees

Section 35 Specific Relief Act: Effect of declaration

Bare Act text

35. Effect of declaration.—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.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

A declaration made under this Chapter binds only certain persons. These are the parties to the suit and persons claiming through them. Where any party is a trustee, it also binds the persons for whom that party would be trustee. Those persons must have been in existence at the date of the declaration.

Chapter VI: Declaratory Decrees

  1. 34 Discretion of court as to declaration of status or right
  2. 35 Effect of declaration