Rajesh H. Shukla, J.—The present Civil Application has been filed for vacating the inter order dated 10.08.2009 passed in Civil Application No. 395/2009.

2. The facts of the case briefly stated are that the plaintiff filed Suit for declaration that he has not taken any loan or advances or hypothecated any property to the defendant and yet the defendant has served the notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Securitisation Act”) on the ground that the debt of the plaintiff to the ICICI Bank has been assigned in favour of the respondent bank by executing the deed of assignment under the Securitisation Act and, therefore, they have no right to take every action for the recovery of the outstanding dues. The defendant filed an application, Exh.21 under Order VII, Rule 11(d) of the Civil Procedure Code, 1908 for the rejection of the plaint, which came to be allowed by passing order. Therefore, the plaintiff filed Regular Civil Appeal, which has been dismissed and, therefore, the present Second Appeal has been filed by the original plaintiff raising substa