JUDGMENT :

N.J. JAMADAR, J.

1. The legality, propriety and correctness of an order passed by the learned 6th Joint Civil Judge, Junior Division, Latur, on an application [Exh.16] for rejection of plaint, under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 [the Code], whereby the learned Civil Judge was persuaded to reject the application preferred by the petitioner/ defendant-bank, is assailed in this revision application.

2. The background facts leading to this revision application can be stated, in brief, as under:-

(a) The respondent/plaintiff deals in the business of rice. In the year 2013, the plaintiff had availed cash credit facility of Rs. 25 lakhs from the defendant. The limit came to be enhanced by Rs. 20 lakhs in the year 2014. Against the said facility, the plaintiff had mortgaged immovable property being Plot No. 2 in land Survey No. 334/B/2 [suit plot]. The suit plot in which security interest was created was valued at Rs. 1,20,00,000/-. The plaintiff committed default in payment of the instalments and the interest accrued on the amount advanced by the bank. The defendant/bank issued a notice of sale of the suit plot, in which security interest has been create