PHULLA RAM Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 6.3.1984 of the Additional District Judge, Jind, vide which he set aside the judgment and decree dated 21.8.1981 passed by Shri C.R. Goel, Sub-Judge, Jind and dismissed the suit.

(2.) IN nut-shell, the facts of the case are that the Central Bank of India, respondent No. 1, moved an application under Section 8(1) of the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks), Act, 1973 (to be referred as 'the Act') before the Sub-Divisional Officer (Civil), Jind, for recovery of amount due from the appellant (plaintiff). Since the Sub- Divisional Officer (Civil) had no authority to deal with the application, he forwarded the same to the office of the Collector. The Collector, vide order dated 17.9.1979, ordered the recovery of amount due from the appellant, as arrears of land revenue. The appellant challenged the order of the Collector by filing the present suit for permanent injunction, pleading that he had not taken any loan and as such, nothing was due from him; that Collector had no jurisdiction to order the recovery as arrears of land revenue; that the application was not properly presented before the Collector as it had been received by him from the Sub-Divisional Officer (C) who had no jurisdiction to do so, and that the application was time barred.

(3.) THE trial Court framed the following issues :-