What This Template Is

A suit for declaration under Section 42 of the Specific Relief Act, 1877 is one of the most frequently filed civil suits in Pakistan. It asks the court to formally declare that the plaintiff is entitled to a legal character (for example, owner, tenant, heir, employee) or to a right in property, against a defendant who is denying that entitlement. The decree in such a suit does not itself transfer possession or award damages — it simply settles the cloud on the plaintiff's title. That simplicity is both its strength and its trap: used correctly it is the cheapest and fastest way to get judicial recognition of your right; used wrongly (omitting further relief you could have asked for, or filing when you actually need possession) it gets dismissed under the proviso to Section 42.

This template gives you a complete plaint structure with `[BLANK]` placeholders you can fill in, followed by practical notes and answers to the questions lawyers hear most often about declaration suits.

The Complete Plaint Structure

``` IN THE COURT OF [CIVIL JUDGE / SENIOR CIVIL JUDGE / DISTRICT JUDGE], [CITY NAME]

Suit No. ________ of 20____

[BLANK — NAME OF PLAINTIFF], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK] ....Plaintiff

VERSUS

  1. [BLANK — NAME OF DEFENDANT NO. 1], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK]

  2. [BLANK — NAME OF DEFENDANT NO. 2, if any], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK] ....Defendants

SUIT FOR DECLARATION UNDER SECTION 42, SPECIFIC RELIEF ACT, 1877 ```

Para-wise Pleading (Statement of Claim)

Para 1 — Parties and jurisdiction. That the plaintiff is a permanent resident of [BLANK — ADDRESS] and is fully entitled to sue in his/her own name. That the defendants are likewise sui juris and are being sued in their personal capacity.

Para 2 — Facts of title. That the plaintiff is the absolute owner / lawful tenant / legal heir / holder of the legal character described as follows: [BLANK — DESCRIBE THE RIGHT PRECISELY, e.g. "owner of House No. __, Street __, situated at __, measuring __ marlas, bounded on the north by __, south by __, east by __ and west by __, as recorded in the revenue record Jamabandi for the year __"]. That the plaintiff acquired this right through [BLANK — SOURCE OF TITLE: sale deed dated __, registered as No. __; inheritance from late __ who died on __; gift; allotment letter; decree dated __ in suit No. __, etc.], and has been in continuous lawful possession since [BLANK — DATE].

Para 3 — The denial / cloud on title. That the defendant(s) [BLANK — DESCRIBE THE ACT OF DENIAL: "are denying the plaintiff's title and asserting ownership on the basis of a forged sale deed dated __"; "have obtained a mutation No. __ in their favour behind the plaintiff's back"; "are interfering with the plaintiff's peaceful possession"; "have refused to hand over possession after the lease expired", etc.]. That the defendants are persons "interested to deny" the plaintiff's title within the meaning of Section 42 of the Specific Relief Act, 1877, and this denial creates a cloud over the plaintiff's lawful right.

Para 4 — Efforts before litigation. That the plaintiff repeatedly asked the defendants to acknowledge the plaintiff's right and to cease their denial/interference, including through [BLANK — "legal notice dated __ sent through counsel"; "a jirga/panchayat held on __"; "application to the revenue authorities"], but the defendants refused.

Para 5 — Cause of action. That the cause of action first accrued on [BLANK — DATE OF FIRST DENIAL] when the defendants denied the plaintiff's title, and it continues to accrue on each successive day of denial. That the plaintiff was compelled to file this suit to remove the cloud cast on his/her lawful right.

Para 6 — Valuation and court fee. That for the purposes of jurisdiction the suit is valued at Rs. [BLANK — VALUE, e.g. the market value of the property / Rs. 1,000 for a pure declaration of legal character] and for court fee at Rs. [BLANK]. That the requisite court fee of Rs. [BLANK] has been paid through [BLANK — bank challan / court fee stamps].

Para 7 — Jurisdiction. That the property in dispute is situated within the territorial jurisdiction of this Honourable Court at [BLANK — CITY], and the cause of action wholly or partly arose here. That this Honourable Court has the pecuniary jurisdiction to try this suit.

Para 8 — Limitation. That the suit is within time. A suit for declaration is governed by Article 120 of the Limitation Act, 1908, which provides six years from the date the right to sue accrues. The denial complained of took place on [BLANK — DATE], and this suit is being filed on [BLANK — DATE], well within the limitation period.

Para 9 — No other pending litigation. That no other suit, appeal, or proceeding between the same parties on the same cause of action is pending in any court, and the plaintiff has not previously filed any suit for the same relief.

Prayer

``` It is therefore most respectfully prayed that this Honourable Court may graciously be pleased to:

(a) Declare that the plaintiff is the lawful [OWNER / TENANT / HEIR — BLANK] of [BLANK — PROPERTY / RIGHT DESCRIPTION] and that the defendants have no right, title or interest therein; (b) Declare that [BLANK — THE DEFENDANTS' CLAIMED DOCUMENT, e.g. "the alleged sale deed dated __ / mutation No. __"] is illegal, void, forged and ineffective against the plaintiff's rights; (c) Grant a decree for costs of this suit in favour of the plaintiff; (d) Grant any other relief which this Honourable Court deems just and proper in the circumstances.

[BLANK — PLACE], [BLANK — DATE]

Plaintiff, through counsel: ____________________________ [BLANK — NAME OF ADVOCATE], Advocate High Court ```

Verification

``` Verified at [BLANK — CITY] on this [BLANK] day of [BLANK — MONTH], 20[BLANK], that the contents of paras 1 to 9 of the plaint are true to my personal knowledge and the contents of the prayer are based on legal advice received and believed to be true. Nothing has been concealed.

____________________________ [BLANK — NAME OF PLAINTIFF] (Plaintiff / Deponent) ```

When Section 42 Applies — and When It Does Not

Section 42 opens with a deliberate grant: "Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right." The courts in Pakistan have consistently held that three ingredients must be present: (1) the plaintiff is entitled to a legal character or a right in property; (2) the defendant is denying it or is interested in denying it; and (3) the plaintiff is not omitting further relief that he could have sought.

Use a pure declaration suit when: you are in possession of the property and only need the court to remove a cloud on your title — for example, a rival mutation entered in the revenue record, a forged document being waved about, or a defendant asserting ownership while you hold possession. Use it for declarations of legal character — legitimacy, marital status, heirship, or service/employment status — where no consequential relief is needed. Use it where the denial itself is the injury and a judicial pronouncement settles the dispute.

Do NOT file a mere declaration when you need possession or money too. This is the famous proviso to Section 42: "no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so." If you are out of possession of the suit property and the defendant holds it, a declaration alone is barred — you must add a prayer for possession (a suit for declaration-cum-possession). If the defendant has taken the profits of your property or damaged it, you must add mesne profits or damages. If a document needs to be cancelled, add cancellation. Pakistani courts dismiss pure declaration suits routinely where consequential relief was available but omitted, and — critically — you generally cannot file a second suit later for the relief you omitted, because Order II Rule 2 CPC bars splitting your claim.

A practical test before filing: ask yourself, "If the court declares exactly what I ask, will my problem actually be over?" If the answer is yes — the cloud is gone, the record is corrected, the status is settled — a Section 42 suit is correct. If the answer is "I still won't have the property/money in hand," add the consequential relief now.

Frequently Asked Questions

Q: What is the limitation period for a suit for declaration in Pakistan?

A suit for declaration is governed by Article 120 of the Limitation Act, 1908, which prescribes a period of six years from the date the right to sue accrues — that is, from the date the defendant first denied the plaintiff's title or right. A fresh denial can give rise to a fresh cause of action, but the safest practice is to file promptly after the first clear denial and to plead the date of denial precisely, as limitation is often the first defence raised.

Q: Can I get a declaration if I am not in possession of the property?

Yes, but not a mere declaration. The proviso to Section 42 bars a declaration where the plaintiff could have asked for further relief and did not. If you are out of possession, you are "able to seek further relief" — namely possession — so your plaint must combine declaration with a prayer for possession (and mesne profits where profits were taken). A court will refuse the declaration alone in such a case, so never file the template above without the possession prayer when the defendant holds the property.

Q: Is a declaration decree binding on people who were not parties to the suit?

A declaration under Section 42 binds only the parties to the suit and those claiming through them — it is a judgment in personam, not in rem. If you need a decree effective against the whole world (for example, cancelling a forged document in the public record), discuss with counsel whether you also need cancellation under Section 39 or a suit framed to bind third parties. In practice, a declaration against the specific deniers plus correction of the revenue record is enough for most property disputes.

Q: The defendant never directly denied my title — can I still sue?

Yes. Section 42 covers defendants "interested to deny" the plaintiff's title, not only those who have expressly denied it. A person who has obtained a rival mutation, is asserting a competing claim, or whose conduct threatens your right qualifies. You must plead facts showing their adverse interest — vague apprehension alone may not suffice, but a documented rival claim, entry, or interference does.

Q: Can a declaration suit be filed against the government?

Yes, subject to the usual requirements of notice under Section 80 CPC (two months' prior notice to the government or public officer) where the defendant is the state or a public officer sued for an act done in official capacity. Declaration suits against government departments — for service matters, pension, seniority, or property — are routine in Pakistan, but the Section 80 notice is mandatory and its omission is fatal, so plead it and attach proof of service.

The Bottom Line

A Section 42 declaration suit is the right tool when a denial or rival claim clouds your legal character or property right and a court pronouncement will clear it. Plead your title precisely, identify the exact denial, value the suit correctly, and — above all — add every consequential relief (possession, mesne profits, cancellation) that the facts allow, because the proviso to Section 42 punishes omission. Filed with care, it is often the fastest route to judicial recognition of your right in Pakistan's civil courts.