FACTS- In this case the plaintiff/appellant had filed the suit in 2015 for the relief that her husband has been missing for more than 13 years; therefore, he may be declared dead given the presumption under Section 108 of the Evidence Act. She specifically stated that she had lodged an FIR, the publication in the newspaper and required format as well as notice u/s 80 CPC to the District Magistrate, Lucknow regarding the missing of her husband (Akhtar Ali) for more than 13 years.It was also pleaded in the complaint that her husband was working in the Electricity Department, but he did not attend his duty for more than 13 years, and unless he is declared dead, she will not be able to get his service benefit.Though none of the respondents contested the above suit, even the State supported the claim of the plaintiff-appellant, the same was dismissed by the Civil Court on the ground that the suit for mere declaration of civil death without further relief is barred by Section 34 of the 1963 Act.

ISSUE- Whether Suit For Declaration Of Civil Death Barred By S. 34 Specific Relief Act Merely Because Further Relief Wasn't Claimed?

OBSERVATION-Court noted that the suit in question was not only a declaration of civil death but also to get service benefits to the wife of the missing person, who worked as a Lineman in the Electricity Department.Further, examining the mandate of Section 34 of the 1963 Act, the Court noted that the provision does not bar the suit for the declaration of civil death of a person, but it simply regulates the suit which is like a mere declaration without seeking further relief, which the plaintiff can seek, however, the Court added that when there is no requirement for further relief, then seeking further relief is not necessary.

Thus, the Allahabad High Court has ruled that a suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief. There is no bar under Section 34 of the 1963 Act for filing a suit for the declaration of a civil death of another person if the plaintiff is a legal heir of such a person and such legal character of civil death is for his benefit and the same is attributed to such legal character.