Shekher Dhawan, J. - (1.) Present petition under Article 227 of the Constitution has been filed against the order dated 20.1.2015, passed by learned Civil Judge (Junior Division), Ludhiana, whereby application under Order 7 Rule 11 CPC read with Sec. 151 CPC for rejection of plaint, filed by defendants No. 1 to 3, was dismissed with the observation that suit of plaintiff was not barred.
(2.) Relevant facts of the case that plaintiff had filed a suit for permanent injunction for restraining the defendants and their employees or anybody working on their behalf from interference in any manner from dispossessing the plaintiff from the property/house in question. Plaintiff had availed various credit facilities by way of financial assistance from the defendant bank by deposit of original title deed. Thereafter, plaintiff failed to maintain the financial discipline arrived at between the parties. Defendant bank issued notice under Sec. 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 (hereinafter referred to as "the Act") on 1.9.2014. Instead of making payment, plaintiff filed the main suit and the present application was filed by the petitioner for rejection of plaint, which was dismissed by the Court below.
(3.) Learned counsel for the petitioner submitted that the suit is not maintainable as per the provisions of "the Act" and on this point, reliance was placed upon the judgment rendered by the coordinate Bench of this Court in Bank of Baroda v/s. Vinod Kumar (Civil Revision No. 1777 of 2014, decided on 14.5.2015), wherein view was taken that jurisdiction of the Civil Court in such case is barred. On the same point, reliance was also placed upon the judgment rendered by the Hon'ble Apex Court in Jagdish Singh v/s. Heera Lal and Others : (2014)1 Supreme Court Cases 479.;