JAYANT BANERJI,J. - (1.) The plaintiff-appellant has challenged the judgement and decree dated 26.9.2017 and 4.10.2017 respectively passed by the Additional District Judge, Court No. 3, Ghaziabad in Civil Appeal No. 87 of 2017 (Smt. Kajal Goel Vs. State Bank of India and another) as well as the judgement and decree dated 27.5.2017 and 3.7.22017 respectively passed by the Additional Civil Judge (Junior Division), Court No. 2, Ghaziabad in Original Suit No. 2803 of 2013 (Smt. Kajal Goel Vs. State Bank of India and another).
(2.) This appeal was admitted on 19.7.2018 on the following substantial question of law: "1. Whether courts below erred in deciding the preliminary issue only on the basis of law and not on the facts and ignored correct application of the law as enunciated by the Honourable Supreme Court in the matter of Ramesh B. Desai Vs. Bipin Vadilal Mehta? 2. Whether courts below misapplied the correct application of law by refusing to investigate the veracity of documents submitted by respondent as evidence before dismissing the suit?" 3. Heard Shri Amit Goel, the power of Attorney Holder of the appellant (who was permitted to appear by the order of the Court dated 12.02.2019) and Shri Satish Chaturvedi, learned counsel for the respondents. 4. The suit was filed on 22.10.2013 by the appellant against the State Bank of India seeking a relief of a decree of permanent injunction restraining the defendants and their employees from selling or attaching the property in question/Plot N0. D-504, Indraprastha, Loni, Ghaziabad during pendency of the suit. 5. The second relief was of costs and the third was of any other relief that the plaintiff may be given from the defendant-SBI. 6. Certain relevant paragraphs of the plaint are stated below which are translated in English from Hindi:- "2. That, the plaintiff has started employment for production of Tea Light Candle in year 2009 under the scheme of Government of India (P.M.E.G.P.) for the poor.
(3.) That, the plaintiff has been granted a financial aid of Rs.14,00,000/- by State Bank Of India in July 2009 on behalf of the Government Of India under the aforesaid P.M.E.G.P. (Prime Minister Employment Guarantee Programme) to start the said employment.;