( 1 ) THIS appeal is directed against the order dated 20th November, 1998 rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (for short, the Code) holding that the suit is barred under Section 347-E of the Delhi Municipal Corporation Act (for short, the Act) and that equitable relief for injunction cannot be granted when an equally efficacious relief is available to the appellant.

( 2 ) BRIEF facts of the case are that on 4th August, 1987 appellants/plaintiffs filed a suit for permanent injunction restraining respondent/defendant from demolishing and/or sealing the whole or any portion of the property bearing Nos. 1142-1145, Gali No. 9 and 10, Abdul Rehman, Karol Bagh, New Delhi on the ground that officers of the respondent/defendant threatened to demolish and/or seal the portion of the building in violation of the principles of natural justice inasmuch as no pre-decisional notice was served on appellants. The respondent contested the suit pleading therein that after getting the plan sanctioned, appellants constructed the building beyond the sanctioned plan and the deviations were compounded under the Building Bye-laws on payment o