LEGAL PRINCIPLE: CIVIL PROCEDURE – Declaratory Reliefs – Need for Evidence Notwithstanding Admissions
PRINCIPLE STATEMENT
The court does not make declarations just because the parties to litigation have chosen to admit something. The court declares what it has found to be the law after proper argument, not merely after admissions by the parties. There are no declarations without argument: that is quite plain.
RATIO DECIDENDI (SOURCE)
"The court does not make declarations just because the parties to litigation have chosen to admit something. The court declares what it has found to be the law after proper argument, not merely after admissions by the parties. There are no declarations without argument: that is quite plain."
EXPLANATION / SCOPE
Courts do not make declarations simply because parties admit something. The court declares what it finds to be the law after proper argument—not merely after admissions. Declarations require argument and judicial consideration. The principle prevents parties from obtaining declaratory reliefs by consent without legal justification. The court has a duty to satisfy itself that the declaration is proper. The judicial function is not ministerial. The court must examine the legal basis. Admissions of fact do not dispense with the need for legal argument. The court must be convinced that the declaration serves a proper purpose. The rule protects the integrity of declaratory judgments. The court may refuse a declaration even if all parties consent.
