https://www.taxtmi.com/caselaws?id=313593 A declaratory decree under Section 42 of the Specific Relief Act is available only where the plaintiff presently has a legal character or a right to property. Because the plaintiffs had no such present title and the will of Bachu Singh had already been affirmed in testamentary proceedings, the declaratory suit was treated as an attempt to evade that adjudication. The claim was therefore held misconceived and incompetent, and declaratory relief was refused for want of the requisite legal character or property right. en-us Thu, 16 Mar 1916 00:00:00 +0530 Tue, 23 Apr 2024 14:19:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313593 A declaratory decree under Section 42 of the Specific Relief Act is available only where the plaintiff presently has a legal character or a right to property. Because the plaintiffs had no such present title and the will of Bachu Singh had already been affirmed in testamentary proceedings, the declaratory suit was treated as an attempt to evade that adjudication. The claim was therefore held misconceived and incompetent, and declaratory relief was refused for want of the requisite legal character or property right. Case-Laws Indian Laws Thu, 16 Mar 1916 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313593