Effect of Declaration :

Section 35 lays down that a declaration 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.

Such a declaration is not judgement in rem and as such it cannot bind strangers.

Illustration

A, a Hindu, in a suit to which B, his alleged wife is the defendant’s seeks a declaration that his marriage was duly solemnised and prays for an order of restitution of conjugal rights. The Court makes the declaration and order of restitution of conjugal rights. C, a third-party claiming that B is his wife, sues A for the recovery of B. The declaration made in the former suit is not binding upon C.