JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

1. Though this matter is listed for admission, with consent of learned counsel on both sides, the appeal is taken up for final hearing.

2. The captioned Regular First Appeal is filed by unsuccessful plaintiffs questioning the order passed by the learned Judge on I.A. No. 2 filed under Order 7 Rule 11(d) of CPC read with Section 34 of SARFAESI Act wherein the learned Judge having accepted the objection filed by the respondent-bank has proceeded to reject the plaint by invoking provisions of Order 7 Rule 11(d) of CPC.

3. For the sake of brevity, the parties are referred to as per their rank before the Court below.

4. The facts leading to the case are as under:

The plaintiffs have instituted the present suit in O.S. No. 5207/2019 seeking relief of declaration to declare the sale notice dated 18.06.2019 and consequent e-auction sale dated 17.07.2019 as illegal, null and void. The plaintiffs have specifically pleaded that plaintiff No. 1 is the principal borrower and the plaintiff No. 2 is the surety for a sum of Rs. 20,00,000/- loan obtained from defendant bank. It is pleaded that due was to the tune of Rs. 33,51,891/-. The plaintiffs allege that defenda