ORDER :- CM 16122/2006 (u/S. 5 of the Limitation Act).

The delay in filing the present appeal is condoned and the application stands disposed of. FAO 377-78/2006

1. Both the Trial Court and the first Appellate Court have handed down a verdict that Civil Court has no jurisdiction to entertain this suit. Adumbrated in brief, the case of the appellants is this. Appellants purchased a property comprising of ground floor measuring 87 square yards approximately, bearing No. 11/4-A(1) Tilak Nagar, for a consideration of Rs. 2,80,000/- from respondent No. 1 after appellant was assured that the property is free from all encumbrances or charges etc. The agreement was also executed in this regard. In the meantime, it transpired on 19-4-2005 that respondent No. 1 had taken loan from Citi Bank, respondent No. 2 against the hypothecation of suit property. In their written statement the bank, respondent No. 2 made the following averments. The respondent No. 1 entered into a loan agreement with the respondent No. 2 bank in the month of March 2002 and took loan in the sum of Rs. 29,00,000/- against the entire property No. 11/4-A(1) Tilak Nagar, Delhi. The said borrower undertook to repay the said loa

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