Page 1 of 14

$~S~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 29th March, 2022

+

CS(OS) 192/2021

SANDEEP KAPUR

..... Plaintiff

Through:

Mr.

Rajeev

K.

Virmani,

Senior

Advocate with Mr. Shivek Trehan,

Mr. Rajat Soni, Ms. Niharika, Mr.

Subhoday Banerjee, Mr. Jai Sahai

Endlaw and Ms. Shagun Chopra,

Advocates.

versus

JANAK KAPUR & ANR.

..... Defendants

Through:

Mr. S.C. Singhal and Ms. Poonam

Taneja, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

J U D G M E N T

(Judgment released on 31.03.2022)

ANUP JAIRAM BHAMBHANI J. (ORAL)

I.A. No.10578/2021

By way of the present application under Order VII Rule 11 read

with Section 151 of the Code of Civil Procedure, 1908 (CPC) the

defendants seek rejection of the plaint on the ground that insufficient

court fee has been affixed on the plaint. The defendants also seek

rejection of the plaint in view of the provisions of section 34 of the

Specific Reliefs Act, 1963 alleging that the plaintiff is thereby seeking

2022:DHC:1153

Page 2 of 14

the relief of mere declaration with no consequential relief, which is

impermissible in law.

Applicant/Defendants’ submissions:

2.

Mr. S.C. Singhal, learned counsel appearing f