When a person by filing a suit seeks an authoritative pronouncement from a court regarding his right to property or the status of his legal character – it is called declaratory suit. Section 42 of the Specific Relief Act, 1877 deals with the declaratory suit in Bangladesh. If an individual is entitled to any legal character or any right to property, but that right is denied by another person, the aggrieved party can file a suit seeking a declaration from the court. To file a declaratory suit, following conditions must be fulfilled-
- The plaintiff must possess legal rights pertaining to property or legal character.
- The rights claimed by the plaintiff must be pre-existing at the time of the suit, meaning they must have existed before the suit was filed and not as a result of a contract.
- There must be a present danger, denial, or claim against the plaintiff’s rights.
- The denial must be communicated to the plaintiff to provide a cause of action.
The period of limitation for filing a declaratory is six years as per article 120 of the Limitation Act, 1908.
Our expert lawyers team succesfully represented a mentionable number declaration suit on behalf of our client.