JUDGMENT:

1. By this appeal, the appellant challenges Order dated 11 August 2022 passed by the District Judge-I, Gadhinglaj setting aside the order passed by the Trial Court by which the Trial Court had rejected the plaint under the provisions of Order 7 Rule 11 of the Code of Civil Procedure (Code). The lower Appellate Court has restored the suit and has directed the Trial Court to frame issue about jurisdiction of Civil Court and decide the same.

2. For better understanding of the controversy involved in the present petition, it would be necessary to narrate few facts of the case. Appellant is a Bank, which had extended credit facilities to Respondents No. 3 to 5, who are Defendants No.1 to 3 in the suit. As a security to credit facilities advanced, Defendants No. 1 to 3 offered flats owned by Defendants No.1 and 2. This is how the suit properties came to be mortgaged in favour of the Appellant-Bank. Plaintiffs in the suit - Pooja and Vandana - are wives of Defendants No.2 and 3 respectively, who in turn are the partners of Defendant No.1-Firm. It appears that Plaintiffs consented to the flats being mortgaged with the Appellant Bank.

3. Defendants No.1 to 3-Borrowers did not repay t