Shri Sukh Charan Singh vs Smt. Mohinder Kaur on 11 January, 2024
19. That it has been further stated that, the plaintiff not knowing
the complications and requirements of different provisions of law
had earlier filed a suit bearing no. 56/1977 titled as 'Sukh
Charan Singh and Ors. Vs. D.D.A.' seeking the relief of
declaration and injunction. It has been further stated that, the said
suit was dismissed by the Ld. Subordinate Judge, Delhi vide
judgment dated 23.09.1978. It has been further stated that,
thereafter the plaintiff along with the defendant no. 7 to 10 acting
on the bonafide belief that the suit was maintainable preferred an
appeal in RCC No.68/78 in the Court of Ld. Addl. District Judge,
Delhi. That, vide judgment dated 28.02.1980, the Ld. Appellate
Court came to the conclusion that since the suit was only for
seeking the relief of mandatory injunction and declaration i.e.,
without consequential reliefs and that, the other equal efficacious
remedy in law was also available with the plaintiff. That, the Ld.
Appellate Court by applying the principles of law as enshrined
under Section 34 read with Section 41 of the Specific Relief Act,
1963 came to the conclusion that the suit in that form was not
maintainable as such directed for the rejection of the plaint but did
not decide the matter on merits. It has been further stated in the
plaint that, it is now open to the plaintiff to bring appropriate suit
in accordance with law and the plaintiff relies for the same on the
judgment of the Ld. Appellate Court to this effect. It has been
further stated that, the suit cannot be said to be barred in manner
under any provision of law.