In Brief
A company sought to declare that a cheque it issued was held as security and not handing it over to a defendant was valid. The defendant obtained an order rejecting the plaintiff's suit at the threshold. The High Court set this aside, holding the revisional court lacked jurisdiction to reject the plaint. The Supreme Court reversed the High Court, holding that under the Orissa Amendment to Section 115 CPC, a revisional court can reject a plaint if doing so finally disposes the suit. The Court also held the declaratory reliefs were barred by the Specific Relief Act as they sought to restrain the defendant from prosecuting criminal proceedings under the Negotiable Instruments Act. The appeal was allowed and the plaint was rejected.
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