In Brief
A plaintiff sought declaration and injunction against defendants for trespass and interference with his property possession based on sale deeds the plaintiff claimed were executed only as security for loans. The defendants challenged the plaint as barred by Section 34 of the Specific Relief Act 1963 (which requires seeking cancellation or validity declaration before seeking mere declaration or further relief). The trial court allowed the objection but granted time to amend. The High Court upheld rejection and found the writ petition untimely. The Supreme Court dismissed the appeal, holding that a plaint rejection is a decree requiring appeal, not writ petition, and affirmed that defects under the legal bar clause cannot be cured by amendment.
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