R.H. Zaidi, J. - (1.) THIS is a plaintiffs' revision arising out of Original Suit No. 855 of 1995 for permanent mandatory injunction directing the defendant to render a true and correct account with regard to the loan advanced to the plaintiffs and further to put the plaintiffs concern in viable and working condition by all and every means and further to bear all and every repercussion, if any, pendente lite and future. In the said suit, on the basis of pleadings of the parties, issue No. 8 was framed as to whether the Civil Court had the jurisdiction to entertain and try the suit? By the impugned judgment and order dated 15.9.2002 the said issue has been decided in negative against the plaintiffs and in favour of the defendant. It has been held that the Civil Court had no jurisdiction to try the suit.
(2.) RELEVANT facts of the case giving rise to the present revision, in brief, are that the applicants were sanctioned a loan of Rs. 90 lacs by the defendant -respondent, the State Financial Corporation, Kanpur to establish the Zinc Metal and Zinc Oxide unit. According to the plaintiffs, an amount of Rs. 19,82,000/ - was paid, out of which, it was stated, interest etc. was already deducted by them. In all Rs. 61,18,000/ - is alleged to have been disbursed by the defendant -respondent on various dates but amount of the said account was not rendered nor re -schedulement of the loan was done. Defendant -respondent contested the suit pleading that the suit filed by the applicants was legally not maintainable, the same was hit by the provisions of the U.P. Public Moneys (Recovery of Dues) Act, 1972, Section 287 -A of the U.P. Zamindari Abolition and Land Reforms Act and the provisions of the State Financial Corporation Act. The applicants, on the other hand, in replication contended that the suit as framed and filed by them was legally maintainable. The Court below, by impugned order dated 15.9.2000, upheld the objection raised by the defendant -respondent and dismissed the suit as barred by Sections 3 and 4 of the U.P. Public Moneys (Recovery of Dues) Act, 1972, Section 487 -A of the U.P. Zamindari Abolition and Land Reforms Act and also by the provisions of the State Financial Corporation Act. Learned counsel for the applicants contended that the judgment and order passed by the Court below was wholly illegal inasmuch the suit filed by the applicants was legally maintainable. The view taken by the Court below, to the contrary, was manifestly erroneous and illegal. The judgment and order passed by the Court below was, thus, liable to be set aside.
(3.) ACCORDING to the findings recorded by the Court below, by the time the suit was filed, no recovery certificate was issued nor any other coercive action was taken by the respondent to recover the amount in question from the applicants. In case by any action taken or order passed by the State Financial Corporation, the plaintiffs -applicants felt aggrieved, the procedure prescribed under Section 287 -A of the U.P. Zamindari Abolition and Land reforms Act should have been followed. The suit as framed and filed by the plaintiffs -applicants was legally not maintainable. The Court below, in my opinion, did not commit any error of law Or jurisdiction in deciding issue No. 8. No case for interference under Section 115, C.P.C., is at all made out. This revision fails and is hereby dismissed in limine.;