Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Scope---Substantial question of facts or law---Scope---Provisions of O. VII, R. 11, C.P.C. cannot be invoked in case of substantial question of facts or law---Proper course is to frame issues and decide same on merits in the light of evidence. (b) Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for cancellation, declaration and injunction---Rejection of plaint---Question of facts and law---Amenity plot, misuse of---Whistleblower---Plaintiff claimed to be a whistleblower who assailed allotment of amenity plot on the allegation of its misuse---Plea raised by defendant was that plaintiff had no cause of action---Validity---Plaintiff beseeched and entreated its role as whistleblower to bring certain facts in the knowledge of Court, therefore, it was indispensable to delve into the issues raised and decide the controversy with proper opportunity to all stake holder in the suit rather than non-suiting plaintiff on mere technicalities---High Court observed that at the present stage, it would be premature to grasp and catch on that plaintiff had failed to come into sight without any cause of action or plaint appeared to have been barred by any law---Nevertheless the crucial practicality and expediency needed to be thrashed out in the course of trial as to whether plaintiff could challenge violation of lease or such right was only vested in or possessed by lessor alone putting side by side role of plaintiff as whistleblower---High Court declined to reject plaint as plaintiff could maintain the suit at such juncture---Application was dismissed in circumstances (c) Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for cancellation, declaration and injunction---Interim injunction, grant of---Pre-conditions---Amenity plot, misuse of---Plaintiff claimed to be a whistleblower who assailed allotment of amenity plot on the allegation of its misuse---Plea raised by defendants was that plaintiff was stranger to suit property and the land was not…