In Brief
The plaintiff sought a declaration that the defendants' entry onto his property and interference with his possession was illegal and an injunction against such interference. The defendants sought rejection of the suit under the Code of Civil Procedure for being barred by the Specific Relief Act, arguing the plaintiff failed to seek a declaration that the sale deeds were security only. The trial court allowed the rejection but gave the plaintiff time to amend. The High Court set aside this permission, holding that where a plaint is rejected for being barred by law, no amendment is permissible. The Supreme Court affirmed, holding that the plaint's rejection constitutes a decree appealable as of right under the CPC; the writ petition was belated and dismissible.
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