The Delhi High Court has dismissed an application seeking the rejection of a plaint under Order VII Rule 11 of the Civil Procedure Code (CPC), clarifying the applicability of the proviso to Section 34 of the Specific Relief Act, 1963 (SRA). The Court held that the bar under the proviso, which prohibits a court from making a declaration where the plaintiff is able to seek further relief but omits to do so, does not apply when the plaintiff has sought the consequential relief of permanent and mandatory injunction.

Justice Purushaindra Kumar Kaurav , while adjudicating the application in the case of Dr. Saroj Bahl v. Smt. Sushma Batra & Ors. , further reiterated the settled legal position regarding court fees and the distinction between seeking cancellation of a deed versus a declaration

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