Effect of declaration
Section 35 of the Specific Relief Act, 1963 deals with 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. The Act came into force on 01 Mar 1964.
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.
Section 35, The Specific Relief Act, 1963 (Act 47 of 1963).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Sub-section (2) of section 27 refers to four exceptions to this rule. In Shravan Goba Mahajan v. Kashiram Devji, ILR (1927) 51 Bom 133 , a Division Bench of the Bombay High Court, with regard to section 35 of the Specific Relief Act, 1877 (which is the pari materia provision to section 27 of the 1963 Act) held that an heir is a person interested in the contract which is sought to be set aside, thus, making it clear that the expression "any person interested" would include not just a party to the contract, but …
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… To that extent only, we can decide the issues and other issues have to be taken as barred by the principle of res judicata as per Explanation 6 to section 11 and Order I Rule 8 CPC. The submission that declaration under section 35 of the Specific Relief Act since in personam and the 1995 judgment has to be considered in that spirit, cannot be accepted in view of the aforesaid discussion. Moreover, in the suit culminating into 1995 judgment the relief was not sought inter parties, it was not in personam . The reliefs that were sought were …
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… To that extent only, we can decide the issues and other issues have to be taken as barred by the principle of res judicata as per Explanation 6 to section 11 and Order I Rule 8 CPC. The submission that declaration under section 35 of the Specific Relief Act since in personam and the 1995 judgment has to be considered in that spirit, cannot be accepted in view of the aforesaid discussion. Moreover, in the suit culminating into 1995 judgment the relief was not sought inter parties, it was not in personam . The reliefs that were sought …
Questions about Section 35
What does Section 35 of the Specific Relief Act deal with?
Section 35 of the Specific Relief Act is headed "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.
How do I find court cases under Section 35 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 35, section 35 Specific Relief Act, section 35 of the Specific Relief Act. People searching for it also type specific relief act 34 35. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 35 of the Specific Relief Act come into force?
Section 35 of the Specific Relief Act, cited as Specific Relief Act 35, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.