Frost International Ltd. vs. Milan Developers & Builders (P) Ltd. (SC)

Code of Civil Procedure, 1908–Order 7, Rule 11–Specific Relief Act, 1963–Secs. 34, Proviso–Rejection of plaint–Ground for–Proviso to Sec. 34 states that no Court can make any declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so–This question will have to be considered at the time of final adjudication of the suit as the question can arise only if the Court grants a declaration–Plaint cannot be rejected at this stage by holding that the plaintiff has only sought declaratory relief and no further consequential reliefs.