- (1.) THIS first miscellaneous appeal is at the instance of a plaintiff in a suit for recovery of money and is directed against order dated 21st May, 2007 passed by the Civil Judge, Senior Division, 9th court, Alipore, in Money Suit No. 20 of 2002, thereby rejecting the plaint and at the same time, dismissing an application under order VII Rule 10 of the Code of Civil Procedare filed by the plaintiff for return of the plaint.
(2.) THE plaintiff, a Nationalized Bank, filed a suit for recovery of money valued above rs. 10 lac in the Court of Civil Judge, senior Division, 9th Court, Alipore, notwithstanding the fact that in view of the provisions contained in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (hereinafter referred to as the Act), such suit is barred and the proceedings are entertainable only by the Debt Recovery Tribunal.
(3.) THE defendants, after entering appearance in the suit, filed an application under order VII Rule 11 of the Code of Civil Procedure thereby praying for rejection of the plaint on the ground that even on the basis of averments made in the plaint itself, the suit was barred by the provisions contained in the said Act.;