Whether declaration given U/S 34 of specific relief Act is binding on third party?

By virtue of section 35 of the Specific Relief Act a declaration given under section 34 is binding only between the parties. It is declaration in personam and not in rem. Thus the Indian Authorities would not be bound by the declaration. 

IN THE HIGH COURT OF BOMBAY

Notice of Motion No. 1272, 1638 and 1663 of 1999 in Suit No. 2352 of 1999

Decided On: 10.09.1999

SNP Shipping Services Pvt. Ltd. & others  Vs. World Tanker Carrier Corporation & another

Hon'ble Judges/Coram:

S.S. Nijjar, J.

Citation: 2000 (2) Mh.L.J. 570 .
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